Delhi Minister Satyendar Jain (File Photo)Hearing a petition seeking suspension of Delhi minister , who has been in custody in a money laundering case since May 30, from the Cabinet, the Delhi High Court on Wednesday said that it is for the chief minister to act in the best interest of the state and consider whether a person who has a criminal background or has been charged with offences involving moral turpitude should be allowed to continue as a minister or not.
“While it is not for the court to issue directions to the chief minister, it is the duty of the court to remind these key duty holders about their role with regard to uphold(ing) the tenets of our Constitution. The chief minister exercises his/her discretion in choosing the members of Cabinet and to formulate a policy pertaining to appointment of council of ministers. The council of ministers has a collective responsibility to sustain and uphold integrity of the Constitution of India,” the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said during the hearing.
Observing that though it cannot sit in judgement of what is good or bad, the court said it can however remind constitutional functionaries to preserve, protect and promote the ethos of the Constitution. “Good governance is only in the hands of good people,” said the bench, adding that there is a presumption that the chief minister would be well advised and guided by such constitutional principles.
Quoting a speech of Dr B R Ambedkar, the court said it hopes that the chief minister will uphold the trust reposed in him that forms the foundation of a representative democracy while appointing persons to lead the people.
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The petition before the court alleged that Jain continues to enjoy the perks and privileges of a minister despite being in custody.
The division bench dismissed the petition, saying that the breach of oath does not entail an automatic termination of tenure, but requires an independent order by the appointing authority. “A high court under Article 226 is not competent to issue such orders terminating the appointment of a minister of the state,” it said.
Besides seeking a direction to the Lieutenant Governor for Jain’s suspension, the petition filed by Dr Nand Kishore Garg, a former BJP MLA, had also prayed for issuance of guidelines for resignation or suspension of ministers in case they remain in custody for a period beyond 48 hours, as is followed in case of a civil servant under central rules.
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