Kerala Governor Arif Mohammed Khan has filed a conflict of interest complaint against former Supreme Court judge Rohinton Fali Nariman, who had reprimanded him for “wholesale referral of bills to the President after sitting on 23 bills without a decision.”
At an education conference organized by The New Indian Express on Wednesday (24th January), Khan expressed disappointment with Nariman’s statements, saying, “The judge’s whole anger was directed at me. He repeatedly referred to the ‘Governor of Kerala’, while ignoring governors of Punjab and Tamil Nadu, who have similar cases pending against them.”
Khan said that Justice Nariman’s charges against him arose from the Kerala government’s approval of hefty legal fees for his father, eminent Supreme Court advocate Fali S Nariman, and his colleagues. Going on to explain the breakdown of fees paid to Fali Nariman and his junior associates, the Governor stated that the payments were made only for legal opinions during the time the state government and Khan were embroiled in a legal dispute.
“Father is receiving the money while the son is blasting the Governor. This relationship is problematic, especially when Nariman’s father and his team were paid a significant amount by the Kerala government. Would it be appropriate to pay Rs 40 lakh just for an opinion? Is this even consistent with the principles of natural justice?” he added.
A top CPI(M) leader in Kerala stated that the party did not wish to remark on the issue.
In December, when delivering the Bansari Sheth lecture in Mumbai, Justice (retd) Nariman stated, “I am waiting for the day when the Supreme Court will lay down that it is only independent functionaries who are supposed to fill these great offices. Not the kind of people that we find today, like we have in Kerala, for example. In Kerala, after sleeping over the Bills, they have been given to the President in wholesale by the Governor.”
Justice (retd) Nariman’s remarks come a month after the Kerala government filed a petition with the Supreme Court accusing Khan of withholding assent to bills passed by the Assembly. Khan was also reprimanded by the Supreme Court in the case. “What was the Governor doing for two years sitting on the Bills?” a Bench led by Chief Justice of India D Y Chandrachud inquired.
When asked about certain states moving bills to remove governors from the position of chancellor of state-run universities, Khan stated at the event that there was no need to change the current structure because it was “a very wise decision taken at that time.”
Khan and the Left-led Kerala government have clashed over several issues, including the chancellorship. On the most recent occasion, on Thursday, the Governor completed his policy address before the Budget Session in less than two minutes, skipping the whole text but the opening and last paragraphs.
