Chandigarh: In a fresh round of letters exchanged between the Punjab Governor Banwarilal Purohit and Chief Minister Bhagwant Mann, the former has raised questions about the legal validity of a two-day special session of the Vidhan Sabha called by the Mann government last month.
In response to a letter sent by Mann Saturday asking the governor to give his assent to a bill passed by the assembly regarding the telecast of Gurbani from the Golden Temple, Purohit wrote back Monday saying that according to the legal advice he had received, the Vidhan Sabha session of 19 and 20 June were in “in breach of law and procedure”.
“I as governor am enjoined by the constitution of India to ensure that the bills are passed in accordance with law. In order to discharge my duty conscientiously I have proceeded to receive legal advice which gives me to believe that your calling of the Vidhan Sabha session on June 19th and 20th, when these four bills were passed, was in breach of law and procedure thereby casting doubt on the legitimacy and legality of those bills,” wrote the governor.
The Mann government had, during the special session of the Vidhan Sabha, passed four bills, including a controversial amendment to the Sikh Gurdwaras Act, 1925. The move, according to Mann, was aimed at ending the monopoly of a single channel in telecasting the Gurbani (the sacred hymns) from the Golden Temple.
The Act was sought to be amended with the addition of a provision that allowed multiple channels and media to access the Gurbani from the Golden Temple. The bill was subsequently sent to the governor for his signature.
Reacting to the governor’s Monday letter, Aam Aadmi Party (AAP) spokesperson Malvinder Singh Kang tweeted that the Punjab governor had proven himself to be an “agent of the Centre”.
By unconstitutionally referring the bills to the President, Governor Purohit reveals his true colors as an agent of the center. His actions not only undermine the authority of the state assembly but also expose a sinister agenda to suppress the voices of the people.
Governor… pic.twitter.com/53d3flwSTt
— Malvinder Singh Kang (@KangMalvinder) July 17, 2023
Meanwhile, the SGPC expressed satisfaction with the reply sent by the Governor to the CM.
In a statement issued in Amritsar Monday evening on social media, SGPC president Harjinder Singh Dhami said that the governor was the constitutional head of the state and had done the right thing. Dhami hoped that the governor would take decisions in accordance with the law in the future as well, so that the sentiments of the people are represented.
ਰਾਜਪਾਲ ਵੱਲੋਂ ਪੰਜਾਬ ਸਰਕਾਰ ਨੂੰ ਭੇਜੇ ਜਵਾਬ 'ਤੇ ਐਡੋਵਕੇਟ ਧਾਮੀ ਨੇ ਪ੍ਰਗਟਾਈ ਤਸੱਲੀ
Harjinder Singh Dhami express satisfaction with reply sent by Governor to Punjab government
ਅੰਮ੍ਰਿਤਸਰ-
ਸ਼੍ਰੋਮਣੀ ਗੁਰਦੁਆਰਾ ਪ੍ਰਬੰਧਕ ਕਮੇਟੀ ਦੇ ਪ੍ਰਧਾਨ ਐਡਵੋਕੇਟ ਹਰਜਿੰਦਰ ਸਿੰਘ ਧਾਮੀ ਨੇ ਪੰਜਾਬ ਦੇ ਰਾਜਪਾਲ ਸ੍ਰੀ ਬਨਵਾਰੀ ਲਾਲ… pic.twitter.com/jLozqUaRN4
— Shiromani Gurdwara Parbandhak Committee (@SGPCAmritsar) July 17, 2023
Dhami added that chief minister Bhagwant Mann should take a lesson from the reply sent by Governor Punjab and should avoid unconstitutional and arbitrary decisions in the future.
The Shiromani Gurdwara Parbandhak Committee (SGPC), which is managing the historical Sikh gurdwaras in Punjab, Himachal Pradesh and Chandigarh, has rejected the passing of the bill by the assembly.
Last week, the body had announced that they would start the live relay of the Gurbani from the Golden temple on SGPC’s own YouTube channel and also launch their own TV channel in the coming months.
Also read: After Bhagwant Mann’s ‘love letters’ jibe, Punjab governor says govt has become ‘laughing stock’
The letter war
Seemingly prompted by SGPC’s move, Mann wrote to the governor Saturday urging him to sign the bill at the earliest.
ਪਵਿੱਤਰ ਗੁਰਬਾਣੀ ਦੇ ਟੈਲੀਕਾਸਟ ਨੂੰ ਦੁਬਾਰਾ ਫਿਰ ਬਾਦਲ ਪਰਿਵਾਰ ਦੀ ਕੰਪਨੀ ਦੇ ਖਾਸ ਬੰਦਿਆਂ ਦੇ ਹੱਥਾਂ ਚ ਨਹੀਂ ਜਾਣ ਦਿੱਤਾ ਜਾਵੇਗਾ.. pic.twitter.com/JiuhkzMOzJ
— Bhagwant Mann (@BhagwantMann) July 15, 2023
“As you are aware, one particular channel owned by a political family has monopolized telecast of Sarab Sanjhi Gurbani from Sri Harmandir Sahib and has been making profits from it (sic),” wrote Mann.
The CM was referring to the Badal family that owns the PTC channel that has been relaying the Gurbani from the Golden Temple. The contract between the SGPC and PTC is coming to an end on 23 July.
“In order to propagate the teachings of the Holy Gurus and in order to make telecast of Sarab Sanjhi Gurbani from Sri Harmandir Sahib freely available to all, the Sikh Gurdwaras (Amendment) Bill 2023 for inserting Section 125-A in the Sikh Gurdwara Act of 1925 was introduced in Vidhan Sabha. Vidhan Sabha considered this bill and passed it with overwhelming majority,” added Mann’s letter.
“This Bill was sent to you for signatures on 26 June 2023. However, it is regretted that the Bill has not been signed till date. This amounts to stifling the democratic will of the people of Punjab,” he wrote. “I would also like to bring to your notice that as per our information, the agreement of SGPC with the said channel expires on 23rd July, 2023. In case you do not sign the Bill immediately, it may lead to a situation where millions of devotees across the world are deprived of watching the live telecast of Holy Gurbani from Sri Harmandir Sahib. This will seriously hurt their religious sentiments.”
“Hence I urge upon you to sign the bill at the earliest, so that the telecast of Sarab Sanjhi Gurbani from Sri Harmandir Sahib can be made freely available to all through various channels and media,” concluded Mann.
In his reply Monday, the governor shot back that the CM, by his own assertions, seemed “concerned with certain actions of a political family”.
“You have also pointed out what you perceive as the possible fallout of any delay on my part in signing the bill immediately. You have also thought it fit to describe the time taken by me as something that amounts to stifling the democratic will of the people of Punjab,” wrote the governor in the letter. “I do not wish to join words with you in what appears to be a matter of your private perception.”
“In the background of the legal advice received, I am actively considering whether to obtain the legal opinion from the Attorney General of India or as per the constitution to reserve these bills for the consideration of the President of India,” wrote Purohit.
“As chief minister you will appreciate that the people of Punjab are equally concerned with ensuring that the laws which ultimately affect them are passed after following due procedure. You be rest assured that I shall take action according to law after the legality of the Vidhan Sabha session of June 19 and 20th is first examined,” concluded the governor.
Other bills passed
Apart from the bill amending the Sikh Gurdwara Act, 1925, the Vidhan Sabha, during the special session, also passed the Punjab University Laws (Amendment) Bill, 2023, that divested the governor of his ex-officio position as chancellor of state universities and handed over the powers of the chancellor to the CM.
Appointment of vice-chancellors to state universities has been a long-standing bone of contention between the chief minister and the governor with the latter alleging that the state government is not following due process in appointing vice-chancellors to state universities.
Another bill passed on the day was the Punjab Police (Amendment) Bill, 2023, to empower the state government to follow its own process to select a director general of police (head of the police force). Currently, every state government across the country, including Punjab, is bound by the recommendations of the Union Public Service Commission (UPSC) in the appointment of the DGP.
The assembly also passed an amendment to Punjab Affiliated Colleges (security of service) Act, 1974, to streamline the working of the Punjab Educational Tribunal, a body created under the act to resolve service disputes in affiliated colleges.
(Edited by Zinnia Ray Chaudhuri)
Also Read: In tussle with SGPC over Golden Temple gurbani, Mann govt to amend law, end broadcast monopoly