Opinion Gujarat loser in vitiated lokayukta tussle

The process was vitiated from the beginning,but got confounded in 2010 when the Modi government picked Justice J R Vora from four judges

August 10, 2013 05:16 AM IST First published on: Aug 10, 2013 at 05:16 AM IST

Who exactly is to blame for taking the fight for a Lokayukta for Gujarat back 10 years,when a person last held that post? Chief Minister Narendra Modi,who made no bones about his opinions regarding Justice Ramesh A Mehta,that he was prejudiced against his government? Or Governor Kamla Beniwal who decided on Mehta as the judge fit for lokayukta,ignoring the council of ministers? Or Justice Mehta who,just when all the decks had finally been cleared,refused to take charge,saying the office had been denigrated?

Clearly,three strong-headed people,powered apparently by electoral politics,Central machinations and civil society respectively,made up their minds and went three different ways,leaving Gujarat without the anti-corruption watchdog yet again.

The process was vitiated from the beginning,but got confounded in 2010 when the Modi government picked Justice J R Vora from four judges suggested by Gujarat High Court Chief Justice S J Mukhopadhyay for the Lokayukta post. An affidavit filed by the Chief Justices office chronicles that when he was asked for his expert opinion,he chose Justice R P Dholakia from the same panel. Yet Beniwal sought a second expert opinion from Attorney General Goolam Vahanvati on the procedure to appoint Lokayukta,and asked the Chief Justice to recommend only one name. Why Beniwal took this detour is not clear. By then Justice Vora was appointed director of the Gujarat State Judicial Academy. So the Chief Justice suggested a fresh name (again unexplained) that of Justice S D Dave. However Justice Dave refused the post,and Modi tried convincing the Chief Justice to reconsider Justice Vora,saying he was ready to resign from the academy to become Lokayukta. The Chief Justice,however,proposed Justice Mehtas name and in spite of Modis protests,Beniwal appointed him lokayukta.

While upholding Mehtas appointment,the January 2,2013,Supreme Court verdict also observed that the Governor ought to act on the aid and advice of the Council of Ministers on Lokayukta appointment. And that the Chief Justices word should be final.

By then,however,Modi had muddied the waters further by appointing a commission of inquiry under Justice M B Shah to probe the allegations of corruption against his government,purportedly to keep them out of the Lokayukta purview. A proposed amended Lokayukta Bill by his government plays down the role of Governor and Chief Justice in favour of the CM in the appointment of Lokayukta. In the event of Beniwals silence over Mehtas stormy letter saying he wouldnt take charge,Modis spokespersons are doing all the talking and saying that Mehta was never interested in the job.

Whatever the rhetoric,the reality is that even after spending Rs 45 crore (the sum quoted by Justice Mehta as the expense behind the legal fight),Gujarat still has no Lokayukta! Wonder whom that suits.

Leena is editor,Ahmedabad

leena.misra@expressindia.com