SC notice to Centre on 'tainted' ministers

The Supreme Court has issued notice to the Congress-led UPA government on a petition challenging the inclusion of "tainted" persons in the council of ministers headed by Manmohan Singh.

The notice was issued by a Bench headed by Justice N Santosh Hegde while hearing a review petition filed by M Narula seeking reconsideration of the court's earlier order dismissing his PIL on the issue. The petitioner had challenged the inclusion of Lalu Prasad, Mohd Taslimuddin, MAA Fatmi and JP Yadav in the council of ministers and made them respondents in the petition on which the Bench issued notice yesterday while hearing it in the chamber.

The petition will now be listed for hearing in the court. Taking note of the debate in Parliament on "tainted" ministers, the court on July 16 had said no law was violated by inclusion of chargesheeted persons in council of ministers and dismissed the petition seeking a ban on inclusion of such persons.

"The matter is being debated in Parliament. We will see if Parliament comes out with a legislation on this issue," the Bench had said while refusing to entertain the petition.

The petitioner, while seeking review, pointed out that no such debate had taken place in Parliament on the issue of tainted persons being given ministerial posts.

Narula, in his review petition, cited the statement of Prime Minister Manomhan Singh at Bangkok saying "tainted" persons should not be made ministers but for that purpose all parties should sit together and evolve a code of conduct and ethics.

The petitioner had said the ministers were required to carry out important constitutional functions and should be of impeccable integrity.

The Bench had on July 16 asked the petitioner as to "who should decide which persons should be inducted in the ministry and at what stage?"

When it did not get any satisfactory answer from the petitioner's counsel, it then dismissed the petition observing that as there was no violation of any statute on the issue.

Claiming that the inclusion of "tainted" persons breached the terms of oath given in Schedule III of the Constitution, his counsel Anil Kumar Jha had contended that the chargesheeted persons did not inspire confidence of the people to discharge the obligation cast under the oath provision.

The Bench had on July 16 asked the petitioner as to "who should decide which persons should be inducted in the ministry and at what stage?" When it did not get any satisfactory answer from the petitioner, it then dismissed the petition observing that as there was no violation of any statute on the issue.