State regime squarely responsible for the fiasco
It's not always that the Supreme Court recalls an appointment it has made, but it had to do so in the case of Uttar Pradesh’s lokayukta because it had been tricked by the State Government into choosing a particular name. While the episode became an embarrassment for the judiciary, more than that it exposed the fraud the Samajwadi Party regime had perpetrated on no less than the apex court. Recalling its December 16, 2015, order appointing Justice Virendra Singh as the lokayukta, the two-member Bench of the court observed, “We are now left with serious doubts with regard to the sustainability of Justice Singh as lokayukta.” The incident has clearly left a bad imprint on the court which had in the first place taken the unprecedented step under Article 142 of appointing Justice Singh after the State Government had failed to decide on a name for the lokayukta's post despite several reminders from the apex judiciary. The court later learnt that Justice Singh's name, which had been short-listed by the Government, did not have the Chief Justice of Allahabad High Court DY Chandrachud's backing. In fact, the Chief Justice had opposed the name something which the Akhilesh Yadav Government had not brought to the Supreme Court's notice. The Bench recalled an earlier verdict of the apex court, which had clearly stated that the Chief Justice's opinion must be accorded primacy in the matter of such appointments. It is clear from the incident that the State regime had adopted dubious means to get Justice Singh into the post. Perhaps the apex court was then not even aware that Justice Chandrachud had written a detailed letter to Governor Ram Naik explaining his objections to Justice Singh. The court would not have been any wiser had a petitioner not brought to its notice the fact that the State had “played a fraud” on the judiciary by not informing it about the Chief Justice's reservations on Justice Singh's name. After the Chief Justice objection, that name should not have been part of the list that came up before the Supreme Court. The Supreme Court had thereafter deferred the oath-taking ceremony of Justice Singh barely hours before he was to be sworn in.
While the matter now appears to have been resolved with the apex court recalling its earlier order and clearing another name for the lokayukta's post Justice Sanjay Mishra, a retired judge of the Allahabad High Court the role of the State Government cannot be forgotten in a hurry. Surely, it must be made answerable for the chicanery, though it is unclear what process can be followed as a natural follow-through. Since the apex court has effectively held that it had been misled by the Akhilesh Yadav Government, there has to be some accountability and action in this regard. It is unfortunate that the Government should have resorted to such questionable methods. At the very least, it must unequivocally accept its fault and apologise to the people and the court.