Tuesday, January 1, 2013

SC to pronounce verdict on Gujarat Lokayukta appointment

SC to pronounce verdict on Gujarat Lokayukta appointment

The Supreme Court will pronounce
tomorrow its verdict on Gujarat government's plea against the
appointment of retired judge R A Mehta's as state Lokayukta,
done unilaterally by Governor Kamla Beniwal without consulting
the government.

A bench of justices B S Chauhan and F M Ibrahim Kalifulla
is to pass the order on the state's appeal against the order
of the Gujarat High Court which had upheld the governor's
decision last January.

The high court's verdict had been delivered by Justice V M
Sahai after a division bench gave a split judgement on the
legitimacy of the governor's action in Justice Mehta's
appointment as Lokayukta.

Justice Sahai, who decided the matter as a third judge,
had also pulled up Gujarat Chief Minister Narendra Modi for
creating a constitutional crisis and held that the governor
had the discretionary power to make the appointment. He had
said the "pranks" played by the chief minister on the
Lokayukta issue "demonstrates deconstruction of our

Challenging the high court's order, the state government
had contended that the personal discretion exercised by the
governor in unilaterally issuing the warrant of appointment of
Lokayukta was "unwarranted."

It had also objected to the use of "very harsh expressions
and language" against Modi by the high court and had sought
expunction of those remarks.

The governor had on August 25, 2011 appointed Justice
Mehta to the post as Lokayukta, which had been lying vacant
for the last eight years.

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