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In a major escalation of the tussle with Punjab Chief Minister Bhagwant Mann, Governor Banwarilal Purohit on Friday warned that he could recommend President's rule in the state and also initiate criminal proceedings if his letters are not answered.
In his latest communication to Mann, the governor indicated he was upset over not getting any reply from him on his previous letters and warned him that he could send a report to the President on the ”failure of constitutional mechanism.”
Purohit advised Mann to act before he takes this ”final decision” under Article 356 of the Constitution and section 124 of the Indian Penal Code.
A state is brought under direct rule of the Centre with the invocation of Article 356, usually after a report is sent by the governor. The IPC section relates to assaulting or wrongfully restraining the president or a governor from exercising their lawful powers.
"Before I am going to take final decision regarding sending a report to the President of India under Article 356 about the failure of the constitutional mechanism and take a decision about initiating criminal proceedings under section 124 of the IPC, I ask you to send me the requisite information sought for under my letters referred to above, as also in the matter of the steps taken by you concerning the problem of drugs in the state, failing which I would have no choice but to take action according to law and the Constitution,” the governor wrote in his letter released to the media on Friday.
In his letter to the chief minister, Purohit mentioned his August 1 communication and said Mann had still not given the information sought by him.
”It appears that you are deliberately refusing to give the information asked by me,” he said.
Purohit, who had earlier written many letters to Mann seeking information on the foreign training seminar for 36 school principals, among other issues, alleged the chief minister had not replied to them.
The governor in his latest letter claimed he had received reports from various agencies regarding rampant availability and abuse of drugs in Punjab, and also sought a report in this regard.
”It is common knowledge that they are available in chemist shops, a new trend is observed that they are being sold in the government controlled liquor vends,” wrote Purohit citing a recent action by the Narcotics Control Bureau (NCB) and Chandigarh police which sealed 66 liquor vends in Ludhiana for selling drugs.
”Recent report of the Parliamentary Standing Committee that one in five are exposed or addicted to drugs in Punjab. These facts point out to the breaking down of the law and order system in Punjab so much so that now villagers have started protest on the streets in large numbers and decided to setup their own village defence committees to protect themselves from drugs. Please send a report concerning the action taken by you in the matter of these drugs to my office immediately," he added.
The governor asserted it was his duty as per the Constitution to ensure that the administration carried out good, efficient, impartial and honest work, and the proposals enunciated by the government are not contrary to the law of the land.
”I have, therefore, to advise you, warn you and ask you to respond to my letters referred to above and give me the information sought by me,” he said.
Purohit pointed out that not furnishing the information sought by the governor would be plainly in dereliction of the constitutional duty which is imposed on the chief minister in terms of Article 167(b).
Article 167(b) relates to furnishing of information relating to the administration of the affairs of the state and proposals for legislation as the governor may call for.
”This behaviour shows that you have not only disobeyed the provisions of the Constitution of India, but have acted in a manner that may be described as being contemptuous of the honourable Supreme Court,” he said.
The governor also mentioned the ”derogatory words” used by the chief minister against him in the Punjab assembly earlier in June.