The resolution passed by the Kerala Government in the Legislative Assembly on Friday against the Comptroller and Auditor General (CAG) of India has shocked not only the Opposition Congress but the legal fraternity in the State. K Ramkumar, Constitutional expert, pointed out that this was the first time in the history of India a legislative Assembly adopts a resolution against the CAG.
The CPI(M)-led ruling party got the resolution adopted in the House against the CAG Report which had come to the conclusion that the borrowings made by Kerala Infrastructure Investment Fund Board (KIIFB), a Government owned entity managed by finance minister Thomas Issacc, were against all Constitutional norms.
The KIIFB had raised funds amounting to Rs 3106.57 crore from financial institutions and this include Rs 2,150 crore which was mobilised through “Masala Bonds” from foreign countries.
The Kerala Government had declared that it would repay the loan through cess on petroleum products and motor vehicle tax.
The CAG in its findings had stated that the borrowings by KIIFB bypassed the limits set on Government borrowings under Article 293(1) of the Constitution and such borrowings do not have legislative approval. Though Issac tried to wriggle out of the indictment by the CAG, questions on the impropriety committed by the Kerala Government could not be explained away by him or Chief Minister Pinarayi Vijayan.
Vijayan who introduced the resolution blamed the CAG for preparing a report which was against political neutrality and justice.
“We totally reject the three pages from the report which state that the Masala Bonds and borrowings were in violation of the Constitutional provisions,” he had said.
Congress leaders and leading lawyers in the State describe the event as an attempt to “whitewash’ the tainted finance minister while the CPI(M) leaders rubbish the allegations. “This is a strange action by the Government which has thrown all democratic norms to the winds,” said Ramkumar.
“It is shocking to note that they have chosen the sacred precincts of the Legislative Assembly for an action like this. They have insulted the Constitution by belittling the report prepared by a Constitutional authority,” Ramkumar told The Pioneer.
It may be noted that the resolution against the CAG was introduced and adopted on the last day of the last session of the 14th Legislative Assembly, pointed out Congress leader V D Satheeshan MLA, who is also the chairman of the Public Accounts Committee.
“It is for the PAC to examine, debate and decide the relevant findings of the CAG. This government has bypassed the PAC with an eye to sanctify the acts of corruption,” said Satheeshan who has been alleging from day one of the setting up of the KIIFB.
Interestingly, the CPI(M)-led LDF would not like to remember the last two days of the last session of this Legislative Assembly.
Thursday saw the House discussing and dismissing by voice vote a no-trust motion introduced by the Congress against Speaker of the Assembly P Sreeramakrishnan for his alleged role in hawala transaction and smuggling.
Sreeramakrishnan is likely to be grilled by the Customs officials who were asked by the assistant solicitor general to wait till the conclusion of the session of the House.