Sivasankar's book Ashwathama triggers new row on need for govt approval

The recently released book Aswathama, Just An Elephant by M Sivasankar, former principal secretary to the Chief Minister of Kerala and a key accused in the controversial gold smuggling case, has raised another row in the state — whether a bureaucrat needs prior approval from the government to write a book.

Sivasankar, who is now secretary of Sports Affairs, has not taken prior approval from the government for writing and publishing his book.

Malayalam news channels have aired heated debates on the legality of publishing books and whether it would attract disciplinary action or not.

However, law experts say that this is a grey area which is not clearly defined, running mostly on customs and practices rather than rules.

According to the All India Services (Conduct) Rules of 1968, a civil servant shall not publish/broadcast any document that has the effect of adverse criticism of any policy or action of the state or central governments.

On the contrary, the guidelines issued by the Ministry of Home Affairs states that the permission from the government is not necessary if the book/articles are of literary, artistic or scientific in character.

Former DGP Jacob Thomas (who later joined BJP and contested the Assembly election last year) faced criminal charges for publishing an autobiography without getting prior approval from the government.

An FIR was lodged by the Crime Branch in 2019 based on the complaint by the general administration department for allegedly revealing official secrets that had come to his knowledge while he was serving as vigilance director.

The autobiography named ‘While Swimming With Sharks’ raised criticism against former Chief Minister Oommen Chandy for allegedly sabotaging some investigations under vigilance.

Jacob Thomas had already been under suspension then for a controversial public speech on December 9, 2017 criticising the government and saying that there was a total breakdown of law and order in the state and corruption all over.

However, the current context is not similar to the case of Jacob Thomas. Sivasankar in his book named Aswathama, Just An Elephant has not raised any criticism against any government. On the contrary, he reflects critically on the way the investigating agencies conducted the probe against him in the gold smuggling case.

If someone raises a complaint that he had violated the service rules, it would be the responsibility of the chief secretary to read the book and arrive at a decision whether he had violated or not. According to experts, there are no settled guidelines or principles based on which the chief secretary could make a judgement whether Sivasankar has violated the rules or not.

Also read: CM was the real target: Sivasankar in his new book Aswathama, Just An Elephant

Is an autobiography a work of art or literature? Or is it non-fiction? “This is also contentious,” says advocate Harish. “For writing a work of literature, a civil servant is not required to take permission. Kerala government considers autobiographies for literary awards. In such a scenario, how can the government go for disciplinary action against Sivasankar?” asks Harish.

Sivasankar told The Federal that he would certainly challenge in court if there is disciplinary action against him for penning the book. However, a disciplinary action against Sivasankar for writing an autobiography that does not contain criticism against policies of the government would bring up fresh legal questions that have not yet been raised before.

Sivasankar’s book strongly criticised the Malayalam media especially television channels for airing false information purportedly supplied by investigating agencies.

“I was subjected to a brutal and one-sided media trial. No media was interested in fact-checking but were playing to the tunes of the investigating agencies,” says Sivasankar.

However, television channels in their debates have gone to the extent of arguing why Sivasankar deserves disciplinary action for publishing a book without sanction from the government.