The Delhi High Court has asked lieutenant Governor Najeeb Jung to initiate “forthwith” the process of selecting the lokayukta saying the statutory provisions require that the post of the anti-corruption watchdog is “filled up without any delay”.
Referring to the “doctrine of necessity”, a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said that the process can be started even without the “aid and advice” of the Council of Ministers. “We, therefore, request the lieutenant Governor of Delhi, to forthwith initiate the process of filling up of the vacancy in the Office of the lokayukta, Delhi,” it said, adding the post has been vacant for more than 10 months and it is against the legal provisions.
Relying on the Supreme Court’s judgments, it said “we draw strength to observe that the lieutenant Governor, Delhi, even without the aid and advice of the Council of Ministers would be entitled in the present situation to proceed with the filling up of the vacancy in the Office of the lokayukta, Delhi.” The court disposed of a PIl and asked the lieutenant Governor to call a special session of the Assembly for “nominating a person in place of the leader of Opposition to be consulted in the matter of appointment of the lokayukta, Delhi, and further, in the face of the vacancy in the Office of the lokayukta....”
The court also asked the office of Jung to consider the representation of lawyer Kamran Siddique who had filed the PIl seeking various reliefs, including the appointment of the lokayukta in Delhi.