Dishonorable Honorable

22 Jan 2011

Dishonorable honorable
One decision of honorable governor of Karnataka has caused political stir in state . Honorable accorded sanction to prosecute CM Yedurappa    on the application filed by two advocates. Strange decision provided opportunity to  BJP to dishonor Governor  by way of showing placard , shouting slogan , Governor is agent of Congress , recall Governor.  Perhaps congress party in whole has lost balance , Man mohan is not inclined to reveal name of those who has stashed black money in foreign bank and on another side one Mr. Bhardwaj Honorable Governor , has surpassed the limit . Under the provision of section 197 Cr.pc, sanction is required to prosecute a Judge or public servant if the offence is committed during the discharge of official duty. Under this provision , court has been barred to take cognizance without sanction.  . But what implied in this legal provision has been completely overlooked by the Honorable.  First, the act complained and official duty must be reasonably connected.   Now question arise, who will see connection is reasonably established?  Another question, whether any complaint before a magistrate / court has been filed and court has asked the Honorable to grant sanction?  Dear Honorable why you lost patience? Did you conduct any preliminary enquiry to verify   the connection between offence and official duty? Whether you have jurisdiction to try a case? To whom and in what case you granted sanction? Whether any court was taking cognizance, if not how you reached to the conclusion that the court will take cognizance. Honorable, you granted sanction on conjecture that the offence has been committed. Honorable best and justified way was to ask the complainant to file a case before competent court, produce the evidence and thereafter, let the court decide whether any offence has been committed or not, if committed, is there any connection between act committed and official duty or to say whether the offence alleged has been committed during the discharge of official duty. Honorable your act to accord sanction is not only immature rather premature too. GOD SAVE THE KING.
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