Narendra Modi’s ‘pranks’ sparked ‘constitutional mini-crisis’: Judge

Justice calls CM's effort to metastasise Lokayukta appointing procedure by issuing ordinance 'depraved'.

Sharply criticising Narendra Modi,Justice V M Sahai of the Gujarat High Court said the “pranks” played by the Chief Minister on the Lokayukta issue “demonstrates destruction of our democracy” and that had sparked a “constitutional mini-crisis”.

Rejecting Gujarat government’s petition challenging appointment of Justice (retd) R A Mehta as Lokayukta by Governor Dr Kamla Beniwal,Justice Sahai said Modi’s “questionable” conduct of “stonewalling” the appointment of Justice Mehta threatened the rule of law.

Justice Sahai,the third judge who heard the case after split verdict of a division Bench,said the Chief Minister’s effort to metastasise the procedure for appointment of Lokayukta by issuing the Gujarat Lokayukta (Amendment) Ordinance,2011,were “deprave and truculent” actions. Justice Sahai said “extraordinary situations demand extraordinary remedies” in dealing with such an unprecedented case.

“Open resistance of the Council of Ministers headed by the Chief Minister in not accepting the primacy of the opinion of the Chief Justice of the Gujarat High Court in the matter of appointment of Lokayukta has created a crisis situation,” he said.

There was no good reason to reject the name of Justice Mehta once the objections of the Chief Minister had been overruled by the Chief Justice,he noted.

Modi had insisted on Justice J R Vora to be appointed as Lokayukta but this was not accepted by the Chief Justice on the ground that the judge had been appointed as the Director of the Gujarat State Judicial Academy.

If the Chief Minister’s choice had been accepted,it would have set a “pernicious trend” and would have propitiated the public functionaries who were likely to fall within the scanner of Lokayukta and destroyed the integrity of the institution as envisaged,he said.

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“Constitutional provisions are required to be understood and interpreted with an object-oriented approach and not in a narrow and pedantic sense,” the judge said.

“A Constitutional mini-crisis” had been sparked by the Chief Minister which compelled the Governor to exercise the discretionary powers under Article 163,to protect democracy and rule of law,Justice Sahai noted.