Thiruvananthapuram | Kerala Chief Minister Oommen Chandy today urged Prime Minister Narendra Modi to restrain Attorney General Mukul Rohatgi from appearing for bar hotel owners in Supreme Court on July 28.
In his letter to Mr Modi, Mr Chandy said the SC is now hearing an appeal petition challenging the Kerala HC verdict in favour of State’s liquor policy, by which it decided to restrict the availability of hard liquor. Unfortunately the AG is appearing for the Bar owners against Kerala in the SC.
The AG’s claim that the bar owners were his clients earlier and that he has got the permission of the Government of India for the appearance, which was upheld by the Union Law Minister Sadananda Gowda, is not morally correct.
When the case is coming again for hearing, the AG should be instructed not to appear in cases not only against the Union Government, but also against State Governments in future unless the State’s case is against the policy/decision of the Union Government.
Both the State and Union Government is a single entity, whether it is ruled by a single or different political parties. The Union Government has got the responsibility to defend and protect the policy of the State governments and in this case the position taken by the Kerala Government is in accordance with the directive principles of state policy enshrined in Article 47 of the Constitution.
Even if the bar owners were his clients earlier, before assuming the office of AG, Mr. Mukul Rohatgi should have relinquished from that commitment. The reasoning that AGI was not appearing against the Union Government but only against the State Government is not morally and legally correct.
I strongly protest the decision of the AG to appear against the State while he is holding the office of the Attorney General.
The statement of Union Law Minister Mr. Sadananda Gowda that there is nothing wrong in AGIs action and that the Union Government has given him permission is against the Federal structure and basic principles of the constitution, he felt.
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