Pointers for Understanding the Gujarat Lokayukta Confusion

The Gujarat Lokayukta issue is being discussed at various levels. But what is unclear is who exactly is to be blamed? There is surely a lot that has gone wrong in the state, and all of it has surely been guided by an individual or a groups vested interests. Here are a few facts that were presented by the Congress committee to the president. None of these are allegation or rumors, but simple and true facts that clearly highlight the foul play of the Modi government. Read and judge for yourself.

Lokayukta are to be appointed by the governor, on advisory consultation with the High Court and an approval from the Leader of the Opposition by law under Gujarat Lokayukta Act, 1986.
http://scr.bi/o3yJNX (Point number 3)

The protocol and procedure had been stalled by the Modi government for seven and a half years, to prevent their misdeeds from being highlighted. This is a violation of law and protocol to be followed as the CM is bound by his oath before he takes up office.

There are examples from the past, where the governor has appointed the Lokayukta without any consent or consideration with the ruling party; these facts have been cleverly excluded in the current situation by the Modi government. They are as follows: Justice D H Shukla (1988-93), Justice I C Bhatt (1993-98) and Justice S M Soni (1998-2003) were appointed by the Governor with his own signature and warrant. No Cabinet Resolution was given to the Governor by way of suggestion or assistance in this regard.

Great depths were discovered to not allow the Lokayukta appointment. Modi government went to the extent of setting up a new commission would look into certain matter that were being raised by people. The cleverness worked as the commission was under the ruling parties control, and would not go against it. It would also prevent a Lokayukta to investigate same issues as they were already under investigation by the biased commission that was setup. The commission was lead by Justice M B Shah; the same man who was given the fake encounters case against the Modi government.

Low stooping politics has also been resorted to off late to prevent the Lokayukta appointment from being occupied. Justice R A Mehta, who was discredited by the Modi government on some hypothetical arguments to prevent him from taking up the office in concern, it is surprising because the same man’s house is where Anna Hazare Resides on his Gujarat visits. Thus his character has to be impeccable to attract to man like Mr. Hazare. Hence the Modi government’s doubts are no more than baseless statements, designed to prevent the truth from being known.

The Chief Minister of Gujarat in involved in corruption of crores of rupees and even Comptroller and Auditor General (CAG) has detected corruption and faulty administration of Rs.26, 651 crore. As per the Lokayukta Act, it can investigate cases which are less than five years old. Anyhow Chief Minister Modi wants to buy time so that his corruption cases are not investigated.

The overall chaos of the situation can be put upon the BJP, as they have asked for the recall of the governor on basis of the Lokayukta confusion. Despite of knowing that the governor has acted in full accord with the laws that have been laid, and examples that have preceded him.

A detailed memorandum about the above issue and other problems of the State was given to the President by the delegation which had Congress members of Lok Sabha, Rajya Sabha, MLAs and members of core committee.

Conclusion:  The Modi government needs to be ousted and brought before the law to be tried for the breach of constitutional machinery, use of criminal methods, breach of peoples trust and misuse of public office for personal gain.