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Why Modi wants to Pick and Choose His Lokayukta


WHO IS RETIRED JUSTICE J R VORA

» Judge, High Court of Gujarat. » Born on 9.1.1948 in the family of judges and lawyers. » Enrolled as a member of Bar on 17.8.1973. » Served as Law Officer of Kandla Port Trust from 1976 to 1980. » Rejoined the Bar in 1980 and selected in the Cadre of District Judge directly in 1988, and Appointed as Assistant Judge on 31.8.1988, Promoted as Joint District Judge on 27.4.1989 and thereafter as District and Sessions Judge on 24.8.1990. » Elevated to the Bench of the High Court of Gujarat as an additional judge on 11.12.1997 and confirmed as permanent judge on 6.9.1999. Retired on 9.1.2010. » His outstanding verdicts in a division bench include an important judgement where he upheld a trial court’s verdict of acquittal of all those involved in the Best Bakery case of 2002 Gujarat riots and another judgement includes his striking down of reinvestigation demand by Vitthal Pandya in his son Haren Pandya’s murder case.


http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archi
ve&Source=Page&Skin=MIRRORNEW&BaseHref=AMIR/
2011/09/05&PageLabel=1&EntityId=Ar00100&ViewMode=HTML

Gujarat Edition
05 SEP. 2011

JUSTICE VORA WAS CM’S CHOICE FOR LOKAYUKTA

Chief Minister Narendra Modi wrote to Chief Justice S J Mukhopadhaya twice telling him he did not approve of justices S D Dave or R A Mehta; the CM asked the CJ to consider Justice Vora's name for lokayukta

Deepal.Trivedi @timesgroup.com 

    Even as the BJP stalled both houses of Parliament demanding recall of Gujarat governor for appointing a lokayukta without “the aid and advice of the chief minister and his council of ministers”, it is learnt the appointment of lokayukta was delayed not because of the governor, chief justice of high court or ‘non-cooperation’ of the leader of the opposition, but because Chief Minister Narendra Modi wanted a particular person appointed as the lokayukta.

    “Chief Minister Modi was very keen to have a specific person appointed as lokayukta. A lokayukta is supposed to probe the chief minister and his council of ministers for corruption and wrongdoings. Though in the past, during the BJP rule, the then chief minister Keshubhai Patel never insisted on a man of his choice for the post, this time Modi was very clear that he wanted a particular retired judge for the post,” a top government official told Mirror.

    Sources in the Chief Minister’s Office, albeit reluctantly, admitted that Modi was so keen to see the particular person on this post that he personally wrote two letters to Chief Justice of Gujarat High Court S J Mukhopadhaya, clearly stating that he was not in favour of the person suggested by the chief justice and asking him to consider Justice (retired) J R Vora for the lokayukta’s post.

    The chief justice gave two different names on two different occasions for the lokayukta’s post. Both times, as per procedure, the names were forwarded to the governor who then forwarded it to the chief minister and leader of the opposition.

    Sources in General Administration Department (GAD) clearly told Mirror, the lokayukta’s appointment process gained in speed in December 2010. The chief justice sent a name of retired Justice S D Dave on December 31, 2010. The chief minister wrote a letter to the chief justice on February 21categorically stating that he was not in favour of Justice Dave for the post and that he should consider Justice Vora. Sources say, on March 22 the chief justice wrote to the chief minister expressing surprise as to why the government had “reservations” against Justice Dave for the post of lokayukta. The CJ also mentioned that it was not possible for him to appoint a lokayukta of chief minister’s recommendation (Justice Vora) because he had already been appointed as director of Gujarat State Judicial Academy. This meant that Justice Vora could not be appointed and Justice Dave should have been appointed. But then in a mysterious move, which has not yet been clarified, Justice Dave sent a fax asking that his name should be withdrawn and that he was not interested in becoming the lokayukta.

    Thereafter, as per the Lokayukta Act, a fresh process was initiated and the governor asked for a fresh name from the chief justice. This time he sent Justice (retired) R A Mehta’s name on June 6 and the chief minister again wrote back to the Chief Justice on June 16 categorically saying he was not in favour of Justice Mehta. He even stated that Justice Mehta’s “activities” cast a doubt on his judiciousness and the letter, sources said, clearly asserted, “please consider retired Justice J R Vora for the post of lokayukta as I don’t find Justice Mehta suitable for the post.”

    The CJ in his reply on August 2 clearly said it was a matter of concern that the chief minister had given negative opinion of Justice Mehta and had doubted his objectivity, judiciousness and impartiality. Mukhopadhaya also pointed out as to why Modi was insisting on only Justice Vora for the post of lokayukta. The chief justice also stated that he had personally tried for 45 days to find out more about Justice Mehta and “I have not found anything that can make him ineligible for the important post of lokayukta in Gujarat. In fact, he has a high reputation, great integrity and his neutrality is well acclaimed, besides the fact that he has not shown any aspiration to any government post whether central or state.”

    “CM Modi was keen to have Justice Vora only as the lokayukta. It is not that he is against Justice Mehta alone. He was also against another name of Justice Dave. And it seems till Justice Vora could be appointed, he did not want a lokayukta,” a senior bureaucrat in Gujarat government claimed.

    Chief Justice personally wrote to Chief Minister that Justice Mehta’s appointment as lokayukta should be pursued and also wrote to governor.
    Meanwhile, because of a PIL in Gujarat High Court, something had to be done on the issue of lokayukta. First, the Gujarat government appointed a commission to look into certain charges (because as per Lokayukta Act, complaints beng investigated by any commission cannot be looked into by the lokayukta). Secondly, the government hastily and imprudently sought to bring about an Ordinance amending the Lokayukta Act.

    As a senior government functionary pointed out, “I was shocked. The chief minister proposed an amendment. He wanted a five-member collegium that would have the assembly speaker and the state law minister and it would be chaired by the chief minister himself to decide who can be a lokayukta and who can probe complaints against him and his ministry. Moreover, he proposed that the chief justice should not have a role. There could be a high court judge and leader of the opposition and the person the majority decides would become the lokayukta. Since out of the five collegium members, three would be clearly from the ruling party, they would have their say in the lokayukta’s appointment.”

    The Modi government prepared an ordinance on August 18 and was looking forward to get the governor’s assent to it, but the latter used her discretionary powers and appointed a lokayukta on August 25.

WHO IS RETIRED JUSTICE J R VORA

» Judge, High Court of Gujarat. » Born on 9.1.1948 in the family of judges and lawyers. » Enrolled as a member of Bar on 17.8.1973. » Served as Law Officer of Kandla Port Trust from 1976 to 1980. » Rejoined the Bar in 1980 and selected in the Cadre of District Judge directly in 1988, and Appointed as Assistant Judge on 31.8.1988, Promoted as Joint District Judge on 27.4.1989 and thereafter as District and Sessions Judge on 24.8.1990. » Elevated to the Bench of the High Court of Gujarat as an additional judge on 11.12.1997 and confirmed as permanent judge on 6.9.1999. Retired on 9.1.2010. » His outstanding verdicts in a division bench include an important judgement where he upheld a trial court’s verdict of acquittal of all those involved in the Best Bakery case of 2002 Gujarat riots and another judgement includes his striking down of reinvestigation demand by Vitthal Pandya in his son Haren Pandya’s murder case

 


 

 

 

  

 

 
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