HC blow to Modi,upholds Governor pick for Lokayukta

The Modi government has said it will appeal in the Supreme Court against the verdict.

Blaming Modi for a constitutional mini-crisis,Justice Sahai said in his 79-page order: The clear refusal of the chief minister to accept the primacy of the opinion of the chief justice had the velocity which shattered the faith in rule of law8230; looking at the brazen conduct and irrationality of the Council of Ministers headed by the Chief Minister,the Governor rightly exercised her discretionary powers8230; and appointed Justice Retired R A Mehta as Lokayukta.

Justice Mehta said he was undecided on his next course of action. I have not seen the judgment neither has anybody got in touch with me. I will decide only after I have seen what the judgment says, Mehta told The Indian Express.

The state government had raised two major objections to the appointment of Mehta that the consultation process between the chief minister and the chief justice mandatory for the appointment of the ombudsman was not over and that the government didnt act as per the Constitution.

Justice Sahai said once primacy of the Chief Justice was established in recommending Mehta for the Lokayukta post,after his letter to Modi on August 2,2011,and when the judge was satisfied with the credentials of Mehta,it cannot be open to challenge.

The personal integrity,conscientiousness,reputation,uprightness and sincerity of Mehta which was testified by the Chief Justice is not open to judicial review, he said.

In his order today,the high court judge also questioned the Modi government move for an ordinance to amend the Lokayukta Act,which would have sidelined the Chief Justice from the appointment.

Calling the government action spiteful and demonstrating a false sense of invincibility,the high court order says that in objecting to Justice Mehtas appointment as Lokayukta,the Chief Minister had cited his remarks on rehabilitation of riot victims of 2002 and the adverse remarks on his government during the Surat floods of 2006.

Modi was pushing for appointment of Justice retd J R Vora as the Lokayukta,and the court felt that the Chief Justices rejection of Voras name was on valid grounds as the latter had been appointed as Director,Gujarat State Judicial Academy.

Todays order also takes note of the fact that from November 2003 to August 2006,no steps were taken by the government for appointment of Lokayukta. The post had been lying vacant for seven years before Mehta was appointed.