AG’s opinion proved turning point

The process to appoint Lokayukta was initiated by Modi in August 2006. According to the chronology,on February 8,2010,Modi,asked the then CJ to suggest a panel of three retired high court judges for appointment as Lokayukta. Modi wrote the letter after the Governor had disapproved the proposal for the name of Justice (Retired) K R Vyas on technical grounds,which the state government objected to.

On February 24,2010,the CJ sent a confidential letter to both,the CM and the Governor,containing a panel of four retired HC judges for appointment as Lokayukta. These were Justices R P Dholakia,J R Vora,P M Chauhan and B C Patel.

On April 23,2010,the Governor wrote to the CJ stating that the government had narrowed the choice down to justices Dholakia and Vora,recommending the latter as its choice for Lokayukta. In the same letter,Beniwal asked the CJ’s ‘expert opinion’ as to who would be the better choice for the appointment. On April 27,2010,the CJ wrote back to her saying Justice Dholakia was a better choice.

On May 3,the Governor,in a letter to justice Mukhopadhyay,enclosed a copy of another ‘expert opinion’ that of Attorney General of India. Relying on the Attorney General’s opinion,she also requested Mukhopadhyay to ‘re-examine’ the proposal to recommend ‘only one’ name for appointment as Lokayukta. It is not clear as to why Beniwal sought the expert opinion of the AG over the issue.

On December 29,2010,the CJ wrote to the governor that Justice Vora has already been appointed as Director of Gujarat State Judicial Academy and therefore,in the interest of judiciary,he need not be considered for appointment to the post of Lokayukta.

On December 31,2010,the CJ wrote to Modi sending a fresh proposal recommending ‘only one’ name of Justice (retired) S D Dave,adding that he would be a suitable choice. It is also not clear why the CJ agreed to the Governor’s request based on the AG’s opinion when he had already decided on justice Dholakia as Lokayukta.

On February 21,2011,Modi wrote to the CJ asking him to appoint Justice Vora and asks the CJ to consult Vora on his willingness for the job.

On March 22,the CJ writes to Modi saying Vora’s name had been withdrawn and cites two letters,whose contents are not known. The CJ also added that under the law,it was not his duty to call for consent of any of the person,if selected for appointment. The CJ also requested Modi to consider S D Dave.

On May 1,however,Justice Dave sent a fax to the Governor refusing the job.

In a letter to the CJ on May 4,Modi again insisted on justice Vora and added that the judge had agreed to resign from the judicial academy to take up the Lokayukta’s post.

On June 7,the CJ proposes Justice R A Mehta as Lokayukta and on June 16,Modi resists the decision. August 2,the CJ wrote to Modi refuting his allegations against Mehta. He also cites certain SC judgments to drive home a point that the name sent by him needs to be accepted. He then wrote a letter to the Governor while enclosing this letter.

On August 18,Modi wrote to the CJ and reiterated his reservations for Mehta as Lokayukta. August 25,the Governor appointed Mehta as the Lokayukta.