The Gujarat government suffered a legal defeat Wednesday as the Supreme Court upheld the appointment of retired judge R A Mehta as Lokayukta, dismissing objections against the selection process and allegations that he was biased against the government.
Justices B S Chauhan and F M Ibrahim Kalifulla held the appointment of the former high court judge was valid in law in view of the “primacy of opinion” of the high court chief justice, who, besides Governor Kamla Beniwal and the leader of opposition, had approved his selection.
In June 2011, Modi had written to the chief justice to reconsider Mehta’s name due to what he said was Mehta’s association with NGOs and activist groups known to be against his government. The letter, supported by newspaper clippings, alleged Mehta had a “specific biased disposition” against his government. The chief justice responded saying the apprehensions were either irrelevant or not factually correct.
Ratifying the selection process, the apex court said: “As the chief justice has primacy of opinion... non-acceptance of such recommendations, by the chief minister, remains insignificant. Leaving the finality of choice of appointment to the council of ministers would be akin to allowing a person who is likely to be investigated, to choose his own judge.”
According to the court, the opinion of the chief justice got primacy as he enjoyed an independent constitutional status and also because the Lokayukta would be a former high court judge, making the chief justice the best person to judge him.
Describing the Gujarat Lokayukta’s post lying vacant for more than 9 years as a “sorry state of affairs”, the bench asked Mehta to join immediately and directed the government to provide him all facilities.
At the same time, the court also held that the governor could not appoint the Lokayukta independently. It criticised Beniwal for completely bypassing the state government and consulting the Attorney General of India for legal advice and communicating with the chief justice of the high court directly without taking the council of ministers into confidence.
“The present governor has misjudged her role and has insisted, that under the act, the council of ministers has no role to play in the appointment of the Lokayukta, and that she could therefore, fill it up in consultation with the chief justice of the Gujarat high court and the leader of opposition. Such attitude is not in conformity, or in consonance with the democratic set up of government