Exclusive: Why Tamil Nadu Governor Reversed Minister's Dismissal Within Hours

Tamil Nadu Governor RN Ravi acted without seeking legal advice in sacking arrested state minister Senthil Balaji but paused his own decision, hours later, following the intervention of Union Home Minister Amit Shah, reveal his two letters, accessed exclusively by NDTV.

The Governor reversed his decision in a span of five hours, his second letter referring to advice from the Union Home Minister that it would be "prudent" to seek legal opinion on the controversial move, which has provoked a huge backlash and condemnation from Tamil Nadu's DMK government.

In his first letter on Thursday evening, the Governor explained, over five pages, why he was dismissing Senthil Balaji from the council of ministers overriding the state government.

"I am conscious of the fact that under ordinary circumstances, a Governor acts on the aid and advice of the Council of Ministers. However, in the instant case your advice or to put it more appropriately your insistence to retain Thiru V. Senthil Balaji against my advice as a member of the Council of Ministers reflects your unhealthy bias," the Governor said, according to the letters accessed by NDTV.

He said Mr Balaji is facing "serious criminal proceedings in a number of cases of corruption, including taking cash for jobs and money-laundering."

"There are reasonable apprehensions that continuation of V Senthil Balaji as a minister will continue to obstruct the due process of law and disrupt the course of justice. Such a situation may eventually lead to breakdown of the constitutional machinery in the state. Under such circumstances and the powers conferred to me under Articles 154, 163 and 164 of the Constitution, I hereby dismiss V Senthil Balaji from the Council of Ministers with immediate effect."

Five hours later, a little before midnight, the Governor said the decision was on hold, in a one-page letter. "I have been advised by the Hon'ble Union Minister of Home Affairs that it would be prudent to seek the opinion of the Attorney General also. Accordingly, I am approaching the Attorney-General for his opinion. Meanwhile, the order of dismissal of the minister Thiru V.Senthil Balaji may be kept in abeyance until further communication from me," the letter said.

Senthil Balaji, arrested two weeks ago over cash-for-jobs allegations, was retained as a minister without portfolio by Chief Minister MK Stalin.

On Wednesday, a court in Chennai extended till July 12 the judicial custody of Mr Balaji, who is being investigated by the Enforcement Directorate. While in custody, the minister also had a bypass surgery.

Outraged by the Governor's move, Mr Stalin had threatened to approach the Supreme Court. "Governor doesn't have the right (to dismiss a sitting minister) and we will face this legally," he said.



source https://www.ndtv.com/tamil-nadu-news/exclusive-why-tamil-nadu-governor-reversed-ministers-dismissal-within-hours-4164890

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