By IANS,
Ahmedabad/New Delhi: In a setback to the Narendra Modi government, the Gujarat High Court Wednesday upheld the appointment of R.A. Mehta as the Lokayukta by Governor Kamla Beniwal. The petitioners in the case termed it a historic judgement.
A two-judge bench had last October delivered a split verdict on the government’s plea questioning Mehta’s appointment.
While Justice Akil Kureshi had upheld the appointment of Mehta, Justice Sonia Gokani disagreed. The case went to a third judge, Justice V.N. Sahai, who completed the hearing Dec 29, 2011 and announced the verdict Wednesday.
“There was a difference of opinion in the two-judge bench and today the verdict of the third judge came and he said he agrees with the view of Justice Kureshi,” petitioner Anand Yagnik said.
Calling it a historic judgment, Yagnik said: “Lokayukta’s appointment in the state is constitutional, valid and legal and the government’s arguments that the governor’s move to appoint the Lokayukta was arbitrary and has been rejected.”
Reacting to the judgment, the Congress said it has been proven that the Bharatiya Janata Party (BJP) — which is in power in Gujarat — is not firm in removing corruption from the country.
The BJP, however, said the state government would take the necessary steps after going through the judgement.
Mukul Sinha, another petitioner, called it a triumph of the rule of law in the country. “We hope that in Gujarat also we will have an independent Lokayukta which can work to remove corruption in the state.”
Sinha said Mehta can take oath of Lokayukta any time as his appointment has not been stayed by the court.
Mehta declined to comment on the development.
Mehta was appointed Lokayukta Aug 26, 2011. For seven years prior to that, the state did not have an ombudsman. But the Modi government had questioned Mehta’s appointment on the ground that the governor did not consult it on the matter.
“In the last several years they have been delaying appointment of the Lokayukta and in parliament they did not let the Lokpal bill pass and their true face has been unveiled,” Congress spokesperson Rashid Alvi said in New Delhi.
Union minister and senior Congress leader Kapil Sibal asked the Gujarat government to accept the verdict with respect.
“The row over Lokayukta’s appointment by the Gujarat governor had also exposed the BJP’s double face. The BJP wants a strong Lokpal at the centre but no strong Lokayukta in the state,” Sibal told reporters.
BJP leader Mukhtar Abbas Naqvi said: “The Gujarat government will take necessary action in the matter after reading the court order.”