New Delhi, July 16
The Supreme Court today declined to entertain a petition challenging the inclusion of four “tainted” ministers belonging to the RJD in the UPA government, saying it would be premature to examine the issue as it is being debated in Parliament.
“The issue raised in the petition is being debated in Parliament, therefore, it will be premature for it to take up the matter,” a Bench comprising Mr Justice N. Santosh Hegde, Mr Justice S.B. Sinha and Mr Justice A.K. Mathur, in a brief order, said, assuring the petitioner’s counsel that the court would watch and see what happens in Parliament.
At present, there is no law to prevent inclusion of such persons in the Council of Ministers. “If Parliament takes some action or forms any law, we will see to it, but at this stage, we are not inclined to interfere,” the Bench observed.
The issue was brought in court in a public interest litigation by Mr Manoj Narula, whose counsel Anil Jha sought sacking of RJD supremo Laloo Prasad Yadav and three of his party colleagues — Mohd Taslimmuddin, M.A.A. Fatmi and Jai Prakash Yadav — from the Manmohan Singh ministry.
Their removal was sought on the ground that for being chargesheeted in criminal cases, “their honesty and integrity will not be beyond a reasonable doubt and their inclusion in the ministry would amount to violation of the oath of office and secrecy.”
When the court pointed out that no law exists at present to prevent a chargesheeted person from taking oath as a minister, Mr Jha said a person assigned to perform a duty under the Constitution should not have any stigma attached to him.
“Can a person under the garb of people’s will be allowed to continue to hold constitutional office if his integrity is beyond a reasonable doubt,” the petitioner’s counsel asked.
He contended that administering of the oath of office to a “tainted person will not be in the interest of the country, which will be adversely affected at their hands.”
