HC says central Lokpal Act does not require similar law in Delhi

The counsel representing the petitioner NGO ‘Help India Against Corruption’ argued that the 2013 Act also allows the Lokpal to inquire into allegations of corruption against Group A, B, C, and D employees of the government, but the 1995 Act does not grant the Lokayukta such powers. The Lokayukta in Delhi is empowered to inquire into allegations against public functionaries including the Chief Minister or any minister, MLA, corporators and other persons holding the highest positions of government bodies.

However, the court observed that corrupt practices of the officers are also already covered under the criminal law. It also said that it cannot tell the government or legislature to amend the law. “We can quash a law if it is unconstitutional. We can interpret a law. We cannot direct enactment of a law,” the bench said.

Observing that there is no merit in the petitioner’s plea, the division bench said it was not for the court to issue a mandamus to the legislature to either enact or amend the law in a particular way, as may be desired by the petitioner.

“The 2013 Act does not stipulate that the law made by the state in respect of the appointment of Lokayukta should authorise the Lokayukta to deal with corruption cases against all public functionaries, who are covered by the 2013 Act,” it added.

More than a year after the post fell vacant in the national capital, Jharkhand High Court’s former judge Harish Chandra Mishra was appointed as Lokayukta of Delhi in March for a term of five years. Justice (retd.) Rave Khetrapal had retired as Delhi Lokayukta on December 15 in 2020.