The Gujarat government on Wednesday alleged that Governor Kamla Beniwal had “derailed” the process of consensus by taking unilateral action in appointing the Lokayukta without consulting it. The Constitution did not give the Governor discretionary powers to appoint the Lokayukta without the aid and advice of the Council of Ministers, Advocate-General Kamal Trivedi told the Gujarat High Court.
The government took exception to the appointment of Justice R. A. Mehta as Lokayukta because of the record of the retired High Court judge.
Mr. Trivedi, arguing before a Division Bench of Justices Akil Kureshi and Sonia Gokani on the petition filed by the government, said Chief Minister Narendra Modi had expressed his reservations about Justice Mehta because of his “pre-conceived notions” against the existing elected regime.
Elaborating on Mr. Modi's August 18 letter to the Chief Justice of the High Court, Mr. Trivedi referred to Justice Mehta's conclusions as head of a people's tribunal after the Surat floods in 2006, in which he blamed the government for the “man-made catastrophe,” in delaying water release from the Ukai dam. But the fact was the government was trying to conserve water for irrigation and drinking purposes.
Also, Justice Mehta had told the National Human Rights Commission about a non-existent “sense of insecurity” among the minorities since the 2002 communal riots. Justice Mehta's name was recommended by the Jan Sangharsh Manch, which represents the riot victims, for appointment to the commission of inquiry, headed by Justice G. T. Nanavati, to probe the Godhra train carnage and subsequent riots. The recommendation, after the death of Justice K. G. Shah, who was part of the commission, showed that Justice Mehta was “hobnobbing” with the voluntary organisation. Mr. Modi raised the question before the Chief Justice whether a person with “pre-conceived notions” and “connections with the NGOs” would be able to judge issues impartially, Mr. Trivedi said.
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