Tamil Nadu Governor RN Ravi on Thursday withdrew his order to dismiss Senthil Balaji from the Council of Ministers and will take a legal opinion from the attorney general on the matter, sources said.
According to sources, Raj Bhawan’s previous order stands suspended till the legal opinion and Balaji will continue to be in the cabinet.
While dismissing Balaji, the Governor earlier said the minister was abusing his position to influence an ongoing investigation against him.
The order was taken back after Chief Minister MK Stalin reacted strongly to the Governor’s action and said he will be taking the legal route against his decision. Stalin also said the Governor does not have the right under the law to take such an action.
CNN-News18 learnt that Raj Bhawan’s decision to withdraw the previous order was after advice from the Centre as the Tamil Nadu government had decided to challenge it in the Supreme Court. Officials said the governor was advised to take an opinion on the legality and constitutional position to avoid any potential embarrassment at the apex court.
The Governor also informed Stalin about his decision to keep the dismissal order of Balaji in abeyance, sources said.
A court in Chennai on Wednesday extended the judicial custody of Tamil Nadu Minister Senthil Balaji, who was arrested in a money laundering case, till July 12.
On June 14, Balaji was arrested by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA). Later, he was admitted to Omandurar government hospital here after he complained of uneasiness and chest pain during an investigation.
According to a press release from Raj Bhavan, Balaji is facing serious criminal proceedings in a number of cases of corruption including taking cash for jobs and money laundering.
“Abusing his position as a Minister, he has been influencing the investigation and obstructing the due process of law and justice. Currently, he is in judicial custody in a criminal case being investigated by the Enforcement Directorate. Some more criminal cases against him under the Prevention of Corruption Act and the Indian Penal Code are being investigated by the State Police. There are reasonable apprehensions that continuation of Senthil Balaji in the Council of Ministers will adversely impact the due process of law including fair investigation that may eventually lead to the breakdown of the Constitutional machinery in the State. Under these circumstances, Hon’ble Governor has dismissed Thiru V.Senthil Balaji from the Council of Ministers with immediate effect,” it said.
DMK spokesperson Sarvanan said the Governor has no legal authority to dismiss any minister. “He is undermining the constitution, acting beyond authority. The Governor is a rubber stamp with no power,” he said.
However, the BJP welcomed the Governor’s decision and said justice has prevailed. “The Governor knows what is right and what is wrong… Justice has prevailed. We are happy that the governor has taken the decision. The governor was forced to take this decision as DMK was forced to take any decision against Senthil Balaji,” the BJP said.