Kerala: “Pinarayi Vijayan tries to harm me,” alleges Governor Arif Mohammad Khan

Amid escalating tensions in Kerala, Governor Arif Mohammad Khan has accused Chief Minister Pinarayi Vijayan of orchestrating a conspiracy aimed at causing him physical harm during a recent incident involving a Students Federation of India (SFI) demonstration in Thiruvananthapuram.

The incident arose when SFI members conducted a black flag demonstration against Governor Arif Mohammad Khan as he was en route to the airport late on December 11. Khan alleged that Vijayan plotted to physically harm him, condemning Communist Party of India (Marxist) (CPM) members for their actions. The governor pointed to past incidents, including a confrontation in Kannur in December 2019, alleging a deliberate attempt to endanger him.

The black flag demonstration occurred purportedly due to the Governor’s alleged attempts to transform universities into Sangh Parivar centers. At Pettah Junction in Thiruvananthapuram, SFI activists reportedly obstructed the highway and stopped the Governor’s car, creating a commotion and allegedly striking the vehicle with flagsticks.

The incident has drawn severe criticism from opposition parties, including the Congress-led United Democratic Front (UDF) and Bharatiya Janata Party (BJP). BJP State president K. Surendran condemned the episode, promising to safeguard the Governor from CPM violence. KPCC President K. Sudhakaran MP labeled it a breakdown of law and order, while the Leader of the Opposition VD Satheesan accused CM Vijayan of endorsing the SFI’s agitation.

The SFI’s protest against the Governor extends beyond this incident. When Khan visited a private hotel on December 10, SFI members conducted another black flag demonstration, expressing discontent over allegations of converting state universities into Sangh Parivar centers. The State Secretary of SFI announced plans to escalate protests in the coming days, referring to recent nominations at Kerala and Calicut Universities. Police arrested twenty SFI workers in connection to the incident on December 11.

Governor Khan has sought explanations from the Chief Secretary and State Police Chief regarding the attack by SFI members. He demanded details on the incident, the failure to provide appropriate security, and actions taken against those responsible. Amidst these developments, Khan asserted his stance on not surrendering to threats while seeking a government report on the state’s fiscal emergency within ten days.

CPM State secretary M V Govindan criticized the Governor’s statements, while State PWD Minister Mohammed Riaz expressed support for the SFI workers’ opposition against what he termed ‘saffronisation’ and ‘communalisation.’ Other ministers also criticized the Governor’s actions.

Additionally, the Governor has asked for an explanation from the Chief Secretary regarding the state’s financial status and threatened to recommend a fiscal emergency to the President if the state government fails to respond promptly. The situation is compounded by pending financial issues and allegations of mismanagement.

The Governor can send another letter if the Chief Secretary replies after some time. Then, he can go ahead with his own decision. But, it is possible only if the Union Government supports it. The Governor’s report should be sent to the Union Home Ministry. Three years ago, the Centre had warned that the fiscal conditions of five States, including Kerala and Punjab, were not good.

Based on the petition Save University Campaign Committee Chairman R S Sasikumar submitted, the Governor sought the report from the Chief Secretary. The chairman’s prayer was to recommend a State of Fiscal Emergency. The petition pointed out Rs 16,000 cr is due to PWD contractors and Rs 1,000 cr to Civil Supplies Corporation’s suppliers. The Governor’s letter to the Chief Secretary demands an explanation for all these issues.

The Kerala Administrative Tribunal also directed the Government to clarify when it will make the payment of the five instalments of DA available to Government employees. It requires Rs 18,000 cr.

According to Article 360 (1) of the Constitution, a State of Fiscal Emergency can only be imposed if it is recommended by the Governor and approved by the President. It will continue until withdrawn by the President. Both Houses of Parliament have to approve the Fiscal Emergency within two months. The Centre’s position is crucial. Restrictions can also be imposed without declaring an emergency.

RS Sasikumar’s petition contains copies of the table showing the arrears to be paid off and the Affidavit the Chief Secretary submitted before the High Court. The petition reads that when people’s normal life is in distress, owing to financial crisis, violence and crime are likely to increase. A Fiscal Emergency is required under Article 360 (1). The petition outlines various fiscal shortcomings, including pending payments of Rs 16,000 crore to PWD contractors and Rs 1,000 crore to Civil Supplies Corporation’s suppliers. Additionally, the issue of non-payment of salaries, arrears, and pensions to government employees, university teachers, and retired workers further exacerbates the crisis.

The Kerala Administrative Tribunal directed the State Government to clarify when it would disburse five installments of Dearness Allowance (DA) amounting to Rs 18,000 crore for Government employees.

Sasikumar alleged that the State Government still opts for extravagant and luxurious spending for “Keraleeyam” and “Nava Kerala Sadas”. The constitution demands that the Financial Audit Report be before the State assembly. The 2021 – 2022 reports were available in May 2022. Still, it is not presented before the Assembly deliberately.

Another allegation of Sasikumar was regarding crores of rupees spent on Ministers’ staff members when they complete two and a half years in service, despite the stoppage of the statutory pensions. Kerala Transport Development Finance Corporation (KTDFC) collected crores of rupees as fixed deposits (FDs), but even after maturity, the monies were not returned; hence, the investors moved to the courts.

It is to be recalled that reports of September 2023 suggested that KTDFC failed to pay Sri Ramakrishna Mission, Kolkata, their deposit of Rs 130 after the maturity. Another report suggests that KTDFC owes Rs 490 cr to various investors.

Lakshminath Trade Links is to get Rs 30 lakhs from KTDFC. Kerala High Court said escaping from the responsibility despite giving a guarantee is a shame for the State Government. A few months back, CAG had reportedly stated that financial management and lack of financial discipline were the reasons for the fiscal crisis in the State.