With the Uttar Pradesh Government ignoring repeated directives of the Supreme Court for more than 18 months to appoint a lokayukta, the apex court on Wednesday stepped in to end the impasse and invoked its extraordinary powers under Constitution to direct a retired judge, Justice Virendra Singh, to be appointed to the post with immediate effect.
Justice Singh, who retired from Allahabad High Court in 2011, was one among the five names put before a panel of Chief Minister, leader of Opposition in UP Assembly and Chief Justice of Allahabad High Court that sat on Tuesday for over five hours to escape possible contempt proceedings in the Supreme Court.
Commenting on the failure of the State authorities to comply with the SC order of April 24, 2014, to appoint a lokayukta followed by two subsequent orders passed in contempt proceedings, the Bench of Justices Ranjan Gogoi and NV Ramana said, “The court is confronted by the failure, if not refusal of constitutional authorities to comply with order of the highest court of the land which is deeply regretted and astonishing.”
The UP Government’s Advocate General was flanked by senior advocate Kapil Sibal who informed the court that hectic meetings between the three constitutional authorities were held on Tuesday where the five names were discussed.
On three names, both CM Akhikesh Yadav and leader of Opposition Swami Prasad Maurya agreed of which one was that of Justice Virendra Singh. But Chief Justice Dhananjaya V Chandrachud refused to give an opinion.
The Bench said, “We remain unimpressed by the above assertions which are nothing but inability of constitutional functionaries to come to a consensus.” Nobody was present on behalf of High Court to rebut claims made by the State Government. In this event, the Bench proceeded to invoke its special powers under Article 142 of Constitution to give full effect to its orders and directed the State Government to pass necessary orders endorsing the appointment of Justice (Retd) Virendra Singh as UP lokayukta.
The State heaved a sigh of relief having escaped possible contempt proceedings despite court recording its anguish over the non-compliance of its orders on three past occasions. “The hope and expectation of this court expressed in our orders appears to have gone in vain and has not been heeded to.” In April 2014, the SC gave State six months to carry out the lokayukta appointment. On July 23, 2015, the court disposed a contempt petition adding 30 more days for the process to be completed. Finally, on December 4, 2015, fresh contempt proceeding was issued which culminated with the court giving last opportunity on Monday giving two more days to fill the post that ended on Wednesday.