Ahmedabad:
Narendra Modi was reprimanded harshly today by a Gujarat High Court judge who ruled against Mr Modi's government over the appointment of Gujarat's Lokayukta or ombudsman. Justice VM Sahai said, "The Chief Minister acted under a false impression that he could turn down the superiority and primacy of the opinion of the Chief Justice which was binding. The spiteful and challenging action demonstrates the false sense of invincibility." (
Read full text of the court order)
In August last year, the Governor chose Justice Mehta as the Lokayukta after nearly eight years of the position lying vacant. Mr Modi says the Governor acted unconstitutionally in selecting the ombudsman because the state government was not consulted. The Modi government challenged the Governor's decision in court. In October, two High Court judges delivered a split verdict, and the case was referred to a third judge, Justice Sahai, who delivered his verdict today. Mr Modi's government will appeal against today's decision in the Supreme Court.
Justice Sahai also said that the Chief Minister's recent attempts to amend how the Lokayukta is chosen were "depraved and truculent actions." The BJP government in Gujarat has suggested changing the rules to involve the opinion of the Chief Minister and council of ministers.
Gujarat last had a Lokayukta in 2003, when SM Soni retired.
Mr Modi's fight against the Lokayukta has been backed by his party's senior leaders like LK Advani who have also protested in Parliament over Justice Mehta's appointment. They say that the Centre used the Governor to bypass the state government in an alleged breach of federal principles. The BJP referred to Article 163 of the Constitution which states that the Governor of a state must act on the advice of the Council of Ministers. "It raises issues of concern with relation to the federal polity. The Governor is a nominee of the central government. It means giving preference to the central nominee over the elected state government in the matter of appointing the Lokayukta," said senior BJP leader Arun Jaitley today.
The High Court, however, today ruled that the appointment was valid and Constitutional. Existing rules say that the Governor appoints the Lokayukta in consultation with the Chief Justice of the High Court. The state government has been arguing that instead, the Governor must consult a committee that includes three ministers, the Leader of the Opposition Congress party, and the state's Chief Justice. The Governor had rejected that proposal.
Keeping a long distance from the controversy is the man at the centre of it all, Justice Mehta, who would merely say after his appointment was upheld by the court that, "There should be a Lokayukta in every state."
But the Congress has much to say. In Lucknow, party General Secretary Digvijaya Singh said, "We are happy that after 11 years, Lokayukta has come to Gujarat. There are many more shocks on the way for Narendra Modi." He also took the opportunity to slam anti-corruption campaigner Anna Hazare and said, "Anna Hazare never agitated in Gujarat for Lokayukta. In fact, he praised Narendra Modi."
Gujarat government spokesperson Jaynarayan Vyas, however, said," No legal judgment is a victory or a setback...it is just a judgment". He said that the government had never been opposed the appointment of a Lokayukta, but had gone to court since the issue touched Constitutional provisions like federalism. He said the state government would challenge the High Court order in the Supreme Court.