Cabinet decision to withdraw CBI probe into sting CD

Uttarakhand BJP today termed the Cabinet's decision to withdraw the notification recommending a CBI inquiry into the controversial sting CD on Harish Rawat as unconstitutional, saying it cannot overrule a decision taken by the Governor.
Citing Clause 1 of Article 164 of the Constitution, State BJP spokesperson Munna Singh Chauhan said the Governor appoints the Chief Minister and therefore a decision taken by the appointing authority with regard to the appointee cannot be overruled by the Cabinet without taking the appointing authority's prior permission.
A CBI probe into the sting which purportedly showed Rawat negotiating a money deal with a journalist to buy the support of MLAs who had revolted against him had been recommended during President's rule in the state.

However, the state Cabinet yesterday decided to withdraw thenotification in this regard at a meeting chaired by Cabinet Minister Indira Hridayesh in absence of the Chief Minister.
Chauhan said the Cabinet's decision was also in violation of the Supreme Court's rulings of 1994 and 1998.
"In 1994, an identical case involving Sikkim's Kazi Dorjee and CBI, the apex court had ruled that the state had the power to recommend a CBI probe and not to withdraw it.

In 1998, a case involving Chandrashekhar, Mariam Rashida and others versus the state of Kerala, the Supreme Court had placed reliance on its 1994 judgement in Kazi Dorje case."

Referring to the Cabinet's decision to hand over the probe of the sting CD to a state government-appointed SIT, he said, it was an attempt to shield the Chief Minister.
He said a probe involving the Chief Minister conducted by a state government appointed panel can never be fair.
A BJP delegation later went to the Raj Bhawan to submit a memorandum to the Governor asking him to withhold the Cabinet's decision.
He also asked the chief minister to explain why he is scared of a CBI probe if he was innocent.
"Shying away from a CBI probe into the sting CD is another proof of the CM's involvement in horse trading," the BJP leader added.