The Indian Constitution says that all citizen’s are equal before the law. However, the law makers have forged a privileged position for themselves. So, the governor’s permission is needed to prosecute politicians who occupies or had occupied positions of power in Government. Thus, one of the issues in the way of prosecution of the State Secretary of the CPI (M) in Kerala Pinarayi Vijayan in the Lavalin case investigated by the CBI now is the necessity governor’s clearance. This in most cases would be political decisions not based on the merit of the case. The ordinary citizen would have no such benefit.
Former Chief Ministers Prakash Singh Badal (Punjab), S. R. Bommai (Karnataka), Lalu Prasad Yadav (Bihar) and Mayawati (U. P) are people who have benefited from provisions of Criminal Procedure Code and other laws relating to framing of charges against them. In Kerala, the palmolein case former Chief Minister K. Karunakaran dragged on for years over such special provisions. The CBI case against the former Minister of Electricity in Kerala Padmarajan could not proceed for want of permission.
Kerala’s Lok Ayukta, which can investigated complaints against Ministers and others, consists of persons having the rank of High Court Judges. However, they have no punitary powers. There recommendations to prosecute offenders would have to go to the political executive for action. Even University syndicate members can take cover under these provisions.
The special provisions for those who held positions of authority in Government is purported to protect bona fide actions. However, they now come in the way of justice.