DEHRADUN: Uttrakhand’s Cabinet Minister Ganesh Joshi’s woes may intensify in the disproportionate assets case, as the cabinet is now tasked with deciding whether to grant permission to register a case against him. In a historic move, a court has issued a directive against a sitting minister in Uttarakhand, marking the first such order since the state’s inception.In a significant development, an advocate, Vikesh Singh Negi, has approached the court against senior Uttarakhand cabinet minister Ganesh Joshi, accusing him of amassing wealth disproportionate to his income. The vigilance department had registered a case against Joshi following a court order and sought permission from the Uttarakhand Council of Ministers to take action against him after finding evidence during the investigation. However, with no action being taken, Negi has again knocked on the doors of the court, seeking justice in the matter.Special Judge Vigilance, Manish Mishra, in his order on Monday, stated, “As per the Indian Constitution, the Council of Ministers is the supreme body for decision-making in the executive. If a case related to a public servant is under consideration by the executive’s supreme body, it is not judicious for any court to pass an order before the stipulated time period.” Special Judge Vigilance further added, “While the present case is to be examined under Section 17A of the Prevention of Corruption Act 1988, a scrutiny of the Supreme Court’s judgment in Dr Subramanian Swamy vs. Dr. Manmohan Singh and others (2012) SC 1185 reveals that the apex court has fixed a time limit of three months for any prosecution sanction. Therefore, in my opinion, the case should be referred to the Council of Ministers, and we should await their decision till October 8, 2024.”
Source link
