A month after the Supreme Court directed a former judge of the Allahabad High Court to be appointed as the Uttar Pradesh lokayukta, it has come to light that the State Government had misled the court in believing that the Chief Minister and the leader of the Opposition were in consensus over the name while the Chief Justice failed to express his mind.
With the appointment kept on hold subsequently by the court, it turns out that Justice (Retd) Virendra Singh was neither the choice of Chief Justice DY Chandrachud nor leader of Opposition Swami Prasad Maurya. He was the choice of Chief Minister Akhilesh Yadav alone in the three-member selection panel.
A letter written by Maurya on January 6, 2016 to UP Governor Ram Naik explains the chain of events that took place at the meeting called by the CM on December 15 and 16 last. The letter, which forms part of the State Government’s affidavit filed in the Supreme Court, stated, “When the meeting started, CM suggested the name of Justice Virendra Singh (retired) for appointment of lokayukta…but the Chief Justice was not agreeable on his name in anyway.”
In the same letter, Maurya denied Yadav’s statement given to court that the leader of Opposition approved of Justice Virendra Singh’s name. “In this regard, I want to clarify that I had not given my consent on any name proposed by the CM on December 15 or December 16. I had not given my consent on the name of Justice Virendra Singh… On both the dates I had said that the CJ and CM may agree on any one name and I will record my consent on that name.”
It is interesting to note that post-December 16 after the apex court order came installing Justice Virendra Singh as the next lokayukta, the Governor sought a response from CM Akhilesh Yadav, who received a stern letter from the Chief Justice that he was not party to the consensus.
The CM’s response to the Governor on January 1 makes for an interesting read. It said, “Five names of judges were given by the State to the Supreme Court on December 16, 2015. Out of them, on a few names, there was consensus between me and the leader of Opposition, wherein the name of Justice Virendra Singh was included, on which Chief Justice had no consensus.”
However, this was not the State Government’s position in the Supreme Court on December 16. The court order passed on December 16 records the statement of the State Government represented by a legal team led by senior advocate Kapil Sibal. The Bench of Justices Ranjan Gogoi and NV Ramana said, “We are also told that out of five names discussed, the CM and the leader of the Opposition have agreed on three names whereas the Chief Justice of the High Court has not expressed his mind. There is none on behalf of the High Court to rebut the aforesaid position.”
The same Bench will hear the case on Wednesday where the State’s affidavit will be discussed. Even the Allahabad High Court has joined the proceedings and will be represented through a lawyer.