Not Out! Punjab Advocate General Atul Nanda on Thursday gave not out verdict in favour of Cabinet Minister Navjot Singh Sidhu, who was facing googlies for his continuation on the small screen.
Nanda, in his reply submitted to the Chief Minister Capt. Amarinder on Thursday, stated that he has not found any conflict of interest between Navjot Singh Sidhu’s office as state cabinet minister and his work on television shows.
Chief Minister has also confirmed that he has received the AG's report on the issue, and there was no hindrance now to Sidhu’s continuation on TV shows, nor any need to change his Culture portfolio, said Media Advisor to the Chief Minister Raveen Thukral.
There was, in the opinion of the advocate general, no violation of the Constitution of India, the Representation of the People Act, 1951, or the Code of Conduct in this case. As per the AG's opinion, Sidhu “faces no legal bar in continuing with his work on the show.”
“There is no conflict of interest between his work on the show and his office and discharge of duties as the Minister of local Government, Tourism, Cultural Affairs, Archives and Museums for the State of Punjab,” the four-page AG's report further concludes, precluding the need for any change in the Culture portfolio of Sidhu, said Thukral.
The AG was entrusted by the Chief Minister with the task of giving his legal opinion on whether there was any prohibition or restriction in the continuation of Sidhu’s work as celebrity guest on a comedy show – The Kapil Sharma Show, as such work may amount to a conflict of interest.
Citing the Constitution, the report concluded that the role and function of celebrity judge on the show is not an office of profit under the Government of India or the State Government. It is not even an office under the Government of India or the State Government, it further said, adding, “Hence the continuation of such work would not invite the disqualification of holding of an office of profit within the meaning of Article 191(1).”
The AG has further opined that there is no impediment to the Minister continuing with his work on the show in terms of the Representation of the Peoples Act, 1951, which sets out various disqualifications under Sections 8, 8-A, 9, 9-A, 10, 10-A, 11-A. The minister’s continuation of work on the show also does not violate Clause 1(b) of the Minster’s Code of Code, the advocate general has stated in his report.
DO YOU WANT TO MAKE MINISTERS CORRUPTIJ
Capt Amarinder Singh, who is yet to see the AG’s reply, on Thursday said that his cabinet colleague Sidhu should be allowed to do the television show, “if that is his main source of income”.
Presently, the AG reply is reportedly with the Chief Minister’s Chief Principal Secretary Suresh Kumar and Media Advisor Raveen Thukral.
He personally felt that Sidhu should be allowed to make his living by continuing to earn through the TV show, “if that was his main source of income”, said the Chief Minister.
“How does one live without adequate incomeIJ” he asked, adding “do they (those opposing Sidhu’s appearance on the TV show) want to make ministers corrupt (by stopping them from earning their livelihood)IJ”
As he did not know the legal issues in the matter, Capt Amarinder said that he would wait for the Punjab Advocate General’s opinion.
The Chief Minister said that he did not personally think that there was any conflict of interest, as stated by the Attorney General of India.
On Wednesday, Centre's Attorney General Mukul Rohatgi had maintained that although there is no law which bars such a move, Sidhu as a public servant should refrain from doing television shows.
He cited “moral responsibility” for discontinuing any activity of a commercial nature owing to his holding public office.
Capt Amarinder had earlier said that he had no objection on Sidhu continuing to appear on television, but would change his portfolio of culture minister if it was in conflict with his show.