THIRUVANANTHAPURAM: Though the Governor sent notices to the Chief Secretary and the Police Chief summoning them to the Raj Bhavan to give an explanation on the Malappuram remarks made by the Chief Minister as part of his interview to The Hindu newspaper, the government stopped them from appearing before him. The Governor had directed them to appear at 4 pm today.
The Chief Minister wrote to the Governor this morning saying that summoning the two was against all the principles of democratic governance, constitutional norms and decency. The CM said in the letter that the chief secretary has been directed not to act as per the directions of the governor and not to respond to communication bypassing the government as the governor does not have non-constitutional powers. The Governor sent a reply letter to the Chief Minister warning that it gives the impression that the Chief Minister has something to hide and will be treated as a violation of constitutional norms and ethics.
Violation Of Rules, says Chief Minister's letter
It is clear that the governor's summoning of the chief secretary and the DGP was a violation of rules under articles 154, 163 and 167 of the Constitution. The governor should only act on the advice of the cabinet headed by the chief minister. Any constitutional action should be taken through the Chief Minister. Article 167 says that it is the duty of the Chief Minister to provide the necessary information to the Governor and what the Governor requires. Statutory rules are there in the Rules of Business as well. The governor has no special powers to be associated with the government apart from constitutional powers. The chief secretary was directed not to act as per the governor's instructions.
As per Constitution, says governor's reply letter
"It is surprising that the chief secretary was stopped from giving an explanation after not replying to the letters I had given. The information was sought in accordance with the Rules of Business and Articles 166(3) and 167 of the Constitution. Your silence, indifference and inappropriate delay when asked for information on the Malappuram reference is creating the impression that you have something to hide and is part of a conspiracy.
In the letter sent to the chief secretary, details of correspondence with the government were included. Communication was not done from behind the back of the government. The serious crime of using the money received through hawala and gold smuggling for anti-national activities cannot be ruled out on the grounds of constitutional decency and technicality.
An explanation was sought from the chief secretary to discharge the governor's constitutional duty of submitting a report to the President on anti-national activities. I am ashamed of the government's action of not discharging its constitutional duty of providing information to the Governor.