West Bengal Governor Jagdeep Dhankhar invokes constitutional provision to seek records of Pegasus Commission

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On Monday, the West Bengal Governor Jagdeep Dhankhar invoked Article 167 of the Constitution, and sought details from Chief Minister Mamata Banerjee over the functioning of the commission formed over the Pegasus snooping issue.

In the letter, Dhankar has asked for all the records and proceedings that led to the issuance of a notification by the Trinamool Congress government for forming a Commission to inquire about the Pegasus issue.

The Commission is headed by former Supreme Court judge, Madan B. Lokur, and ex-Chief Justice of the Calcutta High Court, Jyotirmay Bhattacharya.

Expressing dismay at not being provided a copy of the notification vide which the Mamata Banerjee government constituted the two-man Commission of inquiry into alleged phone tapping using Pegasus software and connected proceedings, Dhankhar had last week called upon the state Chief Secretary to make it available to him by the evening of December 18.

Dhankhar said that invocation of Article 167 has become necessary as the Chief Secretary failed to provide information to him about the notification.

The Supreme Court had on December 17 stayed the ongoing inquiry into allegations of spying by the state government-appointed Commission of inquiry.

In the letter written to Chief Minister Mamata Banerjee, Dhankhar said, “It emanates from the penultimate and last para of the notification dated 26.07.2021 that provisions of sub-sections (2) to (5) of Section 5 of the Commissions of Inquiry Act, 1952 have been made applicable to the proceedings of ‘Pegasus’ inquiry Commission premised on the opinion of the Governor.