When the governor and chief justice objected to his choice, the UP chief minister just changed the law. Sharat Pradhan reports for Rediff.com
Peeved at the objections raised both by Allahabad High Court Chief Justice D Y Chandrachud and Governor Ram Naik over retired Justice Ravindra Singh's appointment as Uttar Pradesh's new Lokayukta, the Akhilesh Yadav government chose to amend the law and remove the chief justice from the three-member selection panel.
The amendment was effected though a surprise bill introduced in the UP assembly on the concluding day of the monsoon session on Thursday, August 27.
Objections raised by a few members of the Bharatiya Janata Party and Bahujan Samaj Party were overlooked and the new law was passed in the uproar that the issue provoked in the House.
The amended legislation has replaced the Allahabad high court chief justice with the speaker of the state assembly.
The Lokayukta will now be selected by a three-member panel comprising the chief minister, Leader of the Opposition and the assembly speaker.
Chief Minister Akhilesh Yadav recommended Justice Singh's name for the ombudsman's job at least four times even after Governor Naik returned the file for reconsideration.
The governor's stand was based on the objections raised by Chief Justice Chandrachud who sent four long notes explaining why he did not consider Justice Singh suitable for the appointment.
'I am drawing your attention to this,' Chief Justice Chandrachud wrote in one of his notes, 'because the presence of Justice (retd) Ravindra Singh on the dais at such an event in close proximity to political and other functionaries betrays a lack of discretion.'
'A person, who in public perception is closely aligned to the ruling political party in the state, would not be able to discharge his duties independently,' Chief Justice Chandrachud added.
Armed with Chief Justice Chandrachud's objections, Governor Naik on Tuesday, August 25, finally rejected the proposal with specific directions to the government to send a fresh panel of three retired high court judges, in accordance with the established practice.
Ignoring the governor's directive, the Akhilesh Yadav government hastily introduced the amendment to have its way in the Lokayukta's appointment.
Sources claim Samajwadi Party chief Mulayam Singh Yadav the chief minister's father, was keen to have someone from the Yadav community adorn the coveted post and since no other retired high court judge could fit the bill, Justice Singh's name was pushed forward.
Earlier, Mulayam Singh had ensured a second term for retired Justice N K Mehrotra by amending the Lokayukta Act which until then did not permit a second term for the incumbent Lokayukta.
IMAGE: Uttar Pradesh Chief Minister Akhilesh Yadav and Governor Ram Naik. Photograph: PTI
