Chandigarh – Punjab Congress President Raja Warring and Leader of Opposition Partap Singh Bajwa along with 7-8 MLAs submitted a memorandum to Governor Punjab Banwarilal Purohit.
Punjab Congress delegation led by its president Amarinder Singh Raja Warring and the Congress Legislative Party leader Partap Singh Bajwa today met the Governor Banwari Lal Purohit and submitted two separate memoranda to him seeking rejection of the ‘Knowledge Sharing Agreement’ with Delhi and expressing concern over the deteriorating law and order situation in the state.
PCC vice president Sunder Sham Arora, general secretary Capt Sandeep Sandhu and Deputy CLP Leader Raj Kumar Chabbewal were also part of the delegation.
Briefing reporters after submitting the memoranda, the PCC president Warring and the CLP leader Bajwa said, the Governor told the delegation that while he did not interfere in the functioning of the government, but in case of any violation of the constitution he will take necessary measures.
The memorandum said, “the ‘Knowledge Sharing Agreement’ executed between the State of Punjab and the Government of NCT of Delhi signed by their respective Chief Ministers i.e. Sh. Bhagwant Mann and Sh. Arvind Kejriwal…is per se illegal and void ab initio because both the signatories i.e. Chief Ministers of both the States have no inherent power as per the provisions of the Constitution of India to enter into such agreement without due deliberation by the Council of Ministers of their respective States and without prior approval of the Hon’ble Governor of the State of Punjab as well as of the Lt. Governor of NCT Delhi”.
It said, since this agreement has been executed and signed by both the Chief Ministers at their own level, it can’t be termed as lawful in any way.
Asserting that Chief Minister of Punjab had committed an illegality under Article 154 of the constitution, the memorandum quoted the Constitution, saying, “The Executive Power of the State shall be vested in the Governor & shall be exercised by him either directly or through officers subordinate to him in accordance with this constitution”.
The memorandum also quoted various articles and sections of the constitution challenging the legality of the Knowledge Sharing Agreement.
All orders or instruments made or executed by or on behalf of the Government of the State of Punjab shall be expressed to be made or executed in the name of the Governor, it added.
Maintaining that Delhi CM also did not have any authority to sign the agreement, the memorandum said, “the Ministry of Law & Justice, Government of India vide notification dated 28 March 2021 has amended The Govt. of National Territory of Delhi Act 1991, wherein Section 21 of the 1991 Act has been amended and sub – section – 3 has been inserted which stipulates that the expression “Government” referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor of Delhi.
Thus, the memorandum added, the Government of NCT Delhi means Lt. Governor of Delhi and not the Chief Minister of NCT Delhi. Meaning thereby the Chief Minister of NCT Delhi is not legally empowered to sign any agreement or instrument on the behalf of the Government of NCT Delhi.
“So, we on behalf of the Punjab Pradesh Congress Committee, Punjab and Congress Legislative Party, Punjab Vidhan Sabha seek your excellence’s kind indulgence in the matter for terminating/quashing of the above illegal Knowledge Sharing Agreement”, the PCC demanded.
Another memorandum sought the Governor’s attention towards the alarming deterioration of law and order situation in Punjab. “Murders, loot and robbery have become norm of the day. Criminals are going scot-free and they do not have any fear of law. The incumbent government headed by Chief Minister Bhagwant Mann seems to have no clue about what is happening in the state. Moreover they are busy somewhere else and with things that are not remotely concerned with the state”, it said.
As if that was not enough, the memorandum added, there was naked dance of anarchy and lawlessness on April 29 in Patiala when two groups of people came face to face with naked swords and other weapons. A religious place was brought under siege.
Asserting that there was negligence on part of authorities, it said, this happened despite the fact that the state government had got advance intelligence inputs that tension was building up and tempers were rising high in the city between two groups of people.
It said, on April 29, it was a complete failure of the administration and total anarchy was let loose in the streets of Patiala. There was a sense of fear among people. This was all because the government failed to take any timely action.
The PCC said, the replacement of some police officers was too little and too late and moreover just an eyewash to provide face saving to the government.
The PCC brought to the notice of the Governor, the misuse of Police by the AAP government. “Among other things we also want to bring to your kind attention the way the police is being misused to settle personal scores with political opponents”, it said, while pointing out, “registration of FIR against renowned poet Dr Kumar Vishwas and prominent Congress leader Ms Alka Lamba is an example as how the police is misused to settle personal scores”.
“We conclude with an impassioned plea to take whatever action you deem is right to safeguard the interests of the state and ensure safety and security of the citizens of the state. Also, it is important to restore the confidence of people in the rule of law, which this government, under Bhagwant Mann, has failed to do so far”, the PCC demanded.
