Ponmudy case: CJI raps Tamil Nadu Governor
Mr. Ravi has refused to administer oath to Mr. Ponmudy as Higher Education Minister, saying it is against “constitutional morality”.
The Governor has argued that the court’s stay of the conviction of Mr. Ponmudy on March 8 did not rub off the fact that he had indeed been convicted of moral turpitude.
“We are seriously concerned about the conduct of the Governor in this case. We did not want to say it aloud in court. He is defying the Supreme Court of India… When a twojudge Bench of the Supreme Court stayed the conviction of Ponmudy, the Governor had no business to tell us that the suspension order did not wipe out the conviction or made it nonexistent,” Chief Justice Chandrachud told AttorneyGeneral R. Venkataramani, appearing for the Governor.
“If we don’t hear from you [the Governor] in a positive manner tomorrow, we will pass an order… We thought of passing an order right now, but we want to give you an opportunity to act in accordance with law. We will give you overnight,” Chief Justice Chandrachud, heading a threejudge Bench, made the stand of the court clear to Mr. Venkataramani.
The AttorneyGeneral questioned the conduct of Tamil Nadu for approaching the Supreme Court to defend a man convicted of moral turpitude. “What fundamental right of the State is violated here?” Mr. Venkataramani challenged.
What else can State do, asks CJI
Chief Justice Chandrachud asked what else the State was supposed to do. “If the Governor does not follow the Constitution, what does the State do except come to a constitutional court.”
The Chief Justice asked Mr. Venkataramani whether this was the “best argument the Governor had — that ‘I will defend my constitutionally illegal conduct by pointing fingers at how the State has come to the Supreme Court’”.
“We don’t know who had advised the Governor, but the advice was not in accordance with the law,” the Chief Justice told the AttorneyGeneral.
Chief Minister M.K. Stalin wrote to the Governor on March 13 communicating the State Cabinet’s decision to have Mr. Ponmudy back as Minister, saying he was the best man suitable for the job. The State had moved the top court after the Governor wrote back refusing to play ball on the ground of constitutional morality.