Ahmedabad, January 18, 2012
In what is being seen as a major setback for the Narendra Modi government in the state, the Gujarat High Court on Wednesday upheld the appointment of Justice (retd) R A Mehta as the Lokayukta by Governor Kamla Beniwal in August last year.
File photo of Gujarat Chief Minister Narendra Modi and Governor Kamla Beniwal at a function in Gandhinagar on September 5, 2011.
In what is being seen as a major setback for the Narendra Modi government in the state, the Gujarat High Court today upheld the appointment of Justice (retd) R A Mehta as the Lokayukta by Governor Kamla Beniwal in August last year.
On October 10, 2011, a two-judge division bench of the High Court had delivered a split verdict on the controversial appointment of Justice Mehta as Lokayukta by the Governor, sidestepping the state Cabinet.
On a petition filed by the Narendra Modi government challenging the appointment as unconstitutional and unilateral, the division bench of Justices Akil Qureshi and Sonia Gokani had a difference of opinion on upholding of the appointment, made to fill up the post lying vacant since 2003.
Justice Qureshi upheld the appointment and termed the Governor's move as constitutional, whereas Justice Gokani disagreed with him.
After the split verdict, the case was assigned to Justice V M Sahai, who, in his verdict pronounced this morning, said that he agreed with Justice Qureshi and disagreed with Justice Gokani in the matter.
The Gujarat government had, among other things, argued that the process of consultation with the Chief Minister and the Chief Justice of the High Court was still going on when the Governor had, for allegedly political reasons, acted in haste and appointed the new Lokayukta.
Justice (Retd) R A Mehta
The bench held that the process of consultation had reached a stalemate and in such situations, in the matter of appointment of the Lokayukta, the Governor had correctly gone by the views of the Chief Justice.
The Governor had appointed Justice Mehta to the Lokayukta's post on August 25, 2011, leading to a confrontation between her and the state government as well as the ruling Bharatiya Janata Party (BJP) in the state.
During the arguments, the state government had submitted that if the Governor kept on using her discretionary powers, it would lead to the creation of two centres of power, which would be harmful for democracy.
The Governor had notified the appointment on August 25 and the state government challenged it in the High Court next day.
Justice Mehta has not yet taken charge as Lokayukta, but, with today's verdict, he is expected to assume office soon. The state government has the option of approaching the Supreme Court against the verdict.
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In his order, Justice Qureshi had said in October that the opinion of the Chief Justice of the High Court had primacy and the opinion he handed out on Justice Mehta was binding on the state government. Hence, the Governor acting on the basis of Chief Justice's opinion is in no way unconstitutional.
Justice Qureshi observed that considering the present socio-economic scenario wherein public servants are being charged with resorting to corruption, Lokayukta is the only institution which can give a true picture and work in an impartial and objective manner as perceived by the law. Still, the state government delayed the appointment for such a long time and in such circumstances the Governor's decision is not wrong, he had said.
Reacting to the verdict, Gujarat government spokesman and Health Minister Jaynarayan Vyas said the state government would study the judgement and then challenge it before the Supreme Court for further remedy after taking competent legal advice.
He said the state government had approached the High Court because it felt that the Governor's action of appointing Justice Mehta as Lokayukta, sidestepping the views of the government, was wrong because she was, under the Constitution, required to act on the advice of the Council of Ministers.
"This is an issue which touches the Constitutional process. The issues raised by us are fundamental for the safety of the Constitutional structure and central to the arrangements made by the Constitution of India," he added.
Justice Mehta refused to make any comment when approached by television channels.
Justice Mehta, 75, was appointed as an additional judge of the Gujarat High Court in September 1983 after a long career as an advocate. He was confirmed as permanent judge in June 1984. He served as acting Chief Justice of the High Court from September 12, 1995 to July 1, 1996. He retired on May 4, 1998.
NNN
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