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New Delhi: In a scathing indictment of Bihar Governor Buta Singh, the Supreme Court today found him guilty of "subversion" of the Constitution for recommending dissolution of the state assembly, and rapped the Union Council of Ministers for not verifying facts in his report. Holding that the Governor "misled" the Council of Ministers, a five-judge Constitution bench in a majority verdict said the "drastic and extreme action" under Article 356 of the Constitution could not be justified on "suspicion, whims and fancies" of the Governor, whose whole approach was to "stall" the Nitish Kumar-led JD (U) from forming a government. "This court cannot remain a silent spectator watching the subversion of the Constitution," said the 198-page 3:2 verdict pronounced by Chief Justice Y K Sabharwal, Justice B N Agarwal and Justice Ashok Bhan. "It is a clear case where attempt was made to somehow or the other prevent the formation of a government by a political party -- an area wholly prohibited insofar as the functions, duties and obligations of the Governor are concerned. It was thus a wholly unconstitutional act," the bench ruled. In the dissenting view, Justice K G Balakrishnan and Justice Arijit Passayat did not find anything wrong in Singh's report and said the Governor's action was not mala fide. However, the majority view held that the Governor acted in "undue haste" by coming to the conclusion that the political parties should go back to the electorate. Later, following the Supreme Court verdict, the UPA government found itself on the defensive with both the Opposition and its own Left allies demanding Buta Singh's resignation. Mounting an offensive on the UPA, Leader of Opposition L K Advani charged Prime Minister Manmohan Singh with misleading the President on the state Assembly dissolution and demanded his resignation along with that of Governor Buta Singh. Holding UPA chairperson Sonia Gandhi also "accountable" for the government's decision, he announced that an NDA delegation would meet President Abdul Kalam and submit a memorandum to him tomorrow. Manmohan Singh, on his part, said that the country has to accept what the Supreme Court has said on the imposition of the President's rule in Bihar, but declined to comment on the continuance of Governor Buta Singh. Whatever the Supreme Court says the country has to accept it," Singh told reporters at his Race Course Road residence on the sidelines of a function where he gave away the National Awards for Bravery to children. "The Supreme Court has got authority. We have to respect it," he said. Asked whether Buta Singh will go, the PM said, "I do not want to comment," and added that he has not yet studied the full judgement. |