With a Calcutta High Court lawyer filing a public interest litigation questioning Bengal Transport Minister Madan Mitra’s continuation in the State Cabinet despite his being in jail in connection with the Saradha chit fund case, the Kolkata civil society and political leaders have demanded immediate removal of the Trinamool leader from the Mamata Banerjee Government.
Wondering as to “how the Chief Minister could break all the Constitutional norms and forms by allowing a person who is accused in a fraud case to continue as a Minister”, State BJP leader Ritesh Tewari said “Mamata Banerjee has smeared the image of Bengal politics as never before.” Backing the BJP’s contention, Congress leader Nirbed Roy said, “It is more the fault of the Chief Minister than anyone else” because Mitra had forwarded his resignation “but it was Mamata Banerjee who did not accept it allowing him to continue in his post.”
The PCC leader said, “One hopes the Governor discharges his constitutional duty by seeking clarification from the Chief Minister.” Nilanjan Bhattacharya a lawyer had on Friday filed a PIl in the Calcutta High Court questioning the Constitutional propriety of Mitra to continue on the post despite being in jail. He said, “As a Minister he had taken an oath before the Governor that he would discharge his Constitutional functions properly. The question is how he can do that from the jail. Does it not violate the oathIJ”
The lawyer has drawn reference of various other Ministers who had tendered their resignations before going to jail. Petitioner Subhrojit said though it was the prerogative of the Chief Minister to advise the Governor on who should be a Minister and for that one had to follow certain norms. “But though there is not much in the Constitution about who should be the Chief Minister’s choice one definitely cannot break the basic structure of the Constitution.”
The Supreme Court had already given certain guidelines about the basic structure of the Constitution in Keshavananda Bharati case. Giving his opinion CPI(M) leader Sujan Chakrabarty said “the Trinamool Congress and the Chief Minister follow the basic policy of ‘king can do no wrong’ hence it is useless to appeal to her conscience. Her Government can only be whipped into sense by court orders.”
High Court lawyer Srinjay Sengupta said how “repeatedly this Government has been forced to eat the humble pie on questions of law. In this case also we will look pt to the Honourable Court for justice.” Civil society member Miratun Nahar said “in the current regime nothing surprises us anymore. Though we are not constitutional experts one does not need to know rocket science to understand the fact that a person cannot discharge one’s duty from jail.”