The on-going tussle between Raj Bhawan and Government over appointment of lokayukta took a new turn on Thursdaywhen Akhilesh Government re-constituted the selection panel dropping Chief Justice and replacing him with Speaker and a retired judge of the Supreme Court or High Court.
The Opposition opposed this amendment saying this decision shows dis-respect to Judiciary. BSP, BJP and Congress later staged a walkout when the Amendment Bill was put to voice vote.
The decision to bring an amendment in the Uttar Pradesh lokayukta and Up-lokayukta Act was sudden. The Government brought a supplementary agenda to amend the said act to re-constitute the selection panel from three member committee to four-member committee.
The amendment bill came after Governor Ram Naik had returned Government’s recommendation for appointment of Justice (Retd) Ravindra Singh as next lokayukta. In his last letter Governor had quoted Chief Justice’s objections to the name of Justice Singh as new lokayukta as he was close to ruling party and his relatives were in standing counsels.
The Government found an easy way out and excluded Chief Justice from the selection panel. The new committee comprises Chief Minister as Chairperson of the committee, Speaker of the Assembly and leader of Opposition in the state assembly as members. Chairman of the committee will select retired judge of the High Court or Supreme Court as the fourth member.
Government claims there is nothing new in this system as such provisions are there in other states like Kerala and Manipur. Earlier the selection committee comprised CM, leader of the opposition in the assembly and Chief Justice of the Allahabad High Court.
leader of Opposition Swami Prasad Maurya termed the Bill as unconstitutional and undemocratic. “This act of the government has put ‘ black spot’ on the political career of Chief Minister Akhilesh Yadav,” he said. Yadav who was present in the House did not react.
“If Government wanted to appoint someone as lokayukta it should have adopted other means. This amendment puts a question mark on the transparency on the selection of the lokayukta. The Bill should be referred to the select committee,” he said.
BJP leader Suresh Kumar Khanna and Congress leader Pradeep Mathur too supported Maurya. They said that the amendment would be in a bad taste. This would reflect that Government does not respect judiciary.
Parliamentary Affairs Minister Mohd Azam Khan while replying to the charges of opposition said that the legislative has all the power to frame law. “We exercised our power and reconstituted the committee that will select lokayukta,” he said.
He criticised the Raj Bhawan for throwing a spanner on the appointment of lokayukta. “Still there is a possibility that Raj Bhawan will also sit on this Bill like it had done in the couple of other Bills,” Khan said and questioned as why the Governor has so far not signed the Bills on Nagar Nigam- Nagar Pallika and appointment of CM as chancellor of an university.
“Chief Justice has raised objections on a name who has retired as Judge of High Court. When the said Judge has a blemish less career, why Chief Justice has given an adverse comment,” he asked.
Parliamentary affairs minister said that a conflict between the legislature and the judiciary is not good hence the government was forced to amend the law to change the selection committee.
In the amended law, a new provision has been added that if any stage of investigation by the lokayukuta is satisfied that the complaint is false or filed in order to defame any public servant, the lokayukta or deputy lokayukta, as the case may be, after giving a reasonable opportunity of showing cause may impose a fine up to Rs one lakh.
The Bill clarified that the growing tendency to file false complaints against public servants for which they face harassment has forced the government to put a monetary fine on such complainant.