Punjab assembly speaker Nirmal Singh Kahlon’s attempt to grant “clemency” to politicians facing court cases, including current and former chief ministers Parkash Singh Badal and Amarinder Singh, has come a cropper. The state’s advocate general (AG) has said it can’t be done.
In his report to the speaker, HS Mattewal said the House had “neither the power nor the jurisdiction to withdraw cases under judicial review”.
“This august House, as representing the will of the people of the state, can legitimately draw the attention of the government to the feeling of the public regarding the bitterness [political vendetta]… and take necessary steps as per law.”
AG cited Supreme Court rulings to buttress his arguments about the power of withdrawal from prosecution under section 321 CrPC and said, “One organ cannot transgress upon the essential functions of another.”
He also referred to provisions in the Constitution safeguarding the functioning of various organs.
The unity between the ruling SAD-BJP alliance and the opposition during the budget session had led deputy speaker Satpal Gosain to write to Kahlon, asking whether cases against politicians could be withdrawn. Kahlon referred the matter to AG for opinion.
The speaker’s initiative kicked up a row in political circles. While Kahlon, who is facing charges in a cash-for-job case, said the move would help cleanse the “politically vitiated atmosphere” in the state, other politicians called it “ridiculous”.
Former chief minister Amarinder Singh, facing two cases of corruption and amassing assets disproportionate to his known sources of income, said he was not looking for charity. He said he had full faith in the judicial system, which at the end would vindicate his stance.
