Congress leader seeks Kerala Governor nod to prosecute Chief Minister Pinarayi Vijayan

The governor, who continued his tirade against Vijayan and his government even on Friday, will have to decide soon on the mandatory permission sought by Chamakala, who has already approached a vigilance court in Thiruvananthapuram accusing the chief minister of exerting “undue influence” in the reappointment of historian Gopinath Ravindran as vice-chancellor of Kannur University.

The vigilance court will be able to proceed further on the case only on receiving a go-ahead directive from the governor.

The choices before the Governor

If the governor does so, an adverse political situation — in which the chief minister could have to resign from his post — would emerge for the ruling Left Democratic Front (LDF).

If the Governor does not accord the sanction, there will arise a situation where the Congress-led opposition United Democratic Front (UDF) would target Khan, accusing him of playing a dirty political drama helpful to Vijayan and misleading the state’s people on crucial matters related to university appointments.

The Governor, who levelled severe allegations against the chief minister and his Cabinet at the aforementioned press meet, would then cut a sorry figure.

Already, the Opposition has started accusing Khan and Vijayan of playing just to the gallery to divert attention from the genuine concerns of the people and the Bharat Jodo Yatra of Rahul Gandhi, which now passes through the state.

What complicates the situation is Chamakkala making the governor the main witness in the case based on his recent press meet, where Khan alleged that Vijayan called on him and made a personal request on behalf of Ravindran, introducing him as a person close to him.

Khan told reporters that Vijayan pleaded with him that Ravindran hails from his native Thalassery in North Kerala, so it would be prestigious for him to ensure the reappointment. He also released certain letters written in this regard by both him and the chief minister.

Khan, Vijayan in a quandary

Khan’s detailed comments in the unusual press meet on the irregularities in the appointment and the alleged nepotism shown by Vijayan have been reproduced in their entirety in his complaint by Chamakkala.

So, any refusal of the request for prosecution would create a situation in which Khan would have to eat his own words.

Chamakkala said in his complaint that the action by Vijayan constituted an offence under Section 7A of the Prevention of Corruption Act (PCA). It pertains to “taking undue advantage to influence a public servant by corrupt or illegal means or by exercising personal influence”.

As per the rules of the vigilance police wing of Kerala, the governor’s permission is essential in such cases as he is the appointing authority of the chief minister.

The governor is outside the state and will reach Thiruvananthapuram only early next month.

As per the prevailing norm, the first act Khan has to take is to refer the matter to the Cabinet. He can decide independently even if the cabinet advises him to reject issuing the permission.

In the SNC Lavalin corruption case involving Vijayan, the then governor RS Gavai had turned down the Cabinet’s recommendation and given the sanction to prosecute him.

In 2004, the Supreme Court ruled that a governor could give sanction to prosecute a minister if a prima facie case was made against him, even though the council of ministers refused to grant sanction for prosecution.

Curiously, Vijayan is in charge of the vigilance portfolio in the Cabinet, and it would be difficult for him to hold on to it if the Governor sanctioned this case against him.

Former chief minister Oommen Chandy gave up the vigilance portfolio in 2011 after a court ordered a re-investigation into the then sensational palmolein import corruption case.