File image of Justice Mehta, who has decided not to accept the Gujarat Lokayukta post
The man whose appointment as Gujarat's ombudsman or Lokayukta was stridently fought by Narendra Modi has decided not to accept the post. He has said that given the state government's long and expensive legal battle against him, he does not wish to take office.
"A Lokayukta unwanted by the government cannot get all the necessary and timely support from a reluctant government," Justice Mehta said in a letter to Gujarat Governor, Kamla Beniwal.
"How can I take responsibility and become the Lokayukta when my objectivity and credibility are not accepted by the government and public functionaries whose conduct the Lokayukta may have to investigate?" he said.
Justice Mehta noted that even after three Supreme Court judgments, "the reluctance of the state government to notify the Lokayukta appointment is surprising, but not unexpected."
After losing its case in the Gujarat High Court, Mr Modi's government unsuccessfully asked the Supreme Court to cancel Justice Mehta's appointment in January this year. In July, the Supreme Court dismissed the curative petition of the Gujarat government.
The Modi government has said that the state governor did not consult the cabinet before picking the ombudsman. Justice Mehta was also accused of an "anti-government bias", an argument that was rejected by the court.
Justice Mehta says that the Gujarat government's letter to him said he had been appointed by the Governor and the swearing in had to be organised in the Raj Bhawan or Governor's home. "As if the government has no interest or role in the matter!"
The post of Gujarat's Lokayukta had been vacant since 2003 before Justice Mehta was selected.