Who should give sanction to prosecute a minister - Guj. HC

Ahmedabad: The Gujarat high court has issued a notice to the state government asking who is the competent authority for granting sanction to prosecute a minister. This is in connection with the refusal on part of the government to sanction prosecution against fisheries minister Purshottam Solanki for misuse of his office and causing huge loss to public exchequer in awarding fishing contracts.

Procedure of granting of several fishing contracts was challenged last year in the high court by various fishing co-operatives alleging that the minister had wrongly allotted contracts, by which he caused damage to public exchequer. The high court held that there was irregularity in allotting the contracts and cancelled them.

Following this, one Ishak Maradia had approached the high court seeking directions to the government to grant sanction for prosecution of Solanki. This case was disposed off when additional advocate general told the court that the decision would be taken by the chief secretary within two months.

Since the chief secretary did not take any decision, Maradia filed a contempt petition. This application was also disposed off, when advocate general assured the court that the law minister, agriculture minister and the chief minister had decided to refuse the sanction. Maradia moved the high court again challenging the government’s decision not to grant permission for prosecution. Justice MR Shah has issued notice and kept further hearing on January 17.