Guj cabinet advises guv Dr Kamla to approve of justice (retd) DP Buch's appointment.
Wednesday brought a fresh twist to Gujarat’s tryst with the Lokayukta issue. The vexed issue of appointment of an anti-corruption ombudsman in Gujarat kicked off a labyrinthine battle of wits that lasted for almost a decade now. However, it will finally see an end if it goes the way the state government has designed. The council of ministers on Wednesday recommended justice (retired) DP Buch’s name for the post of the state Lokayukta, and has sought the approval of governor Dr Kamla for his appointment.
“The chief justice of Gujarat high court, Bhaskar Bhattacharya, had suggested justice DP Buch’s name as the Lokayukta. The council of ministers has accepted the CJ’s suggestion and advised the governor to issue a warrant for his appointment as Lokayukta,” state government spokesperson Nitin Patel said.
If governor Dr Kamla issues the warrant for appointment, Gujarat will have a Lokayukta after more than 10 years. Justice SM Soni was the last Lokayukta of Gujarat and his term had ended in 2003.
Earlier, the appointment of Justice (retd) RA Mehta as Lokayukta on August 25, 201, by governor, Dr Kamla, had triggered a major controversy with Modi government accusing the governor of bypassing the state government. After a long-drawn legal battle, the high court, and later even Supreme Court, upheld Mehta’s appointment. However, it all ended in a fizz when justice Mehta declined to take charge of the office in August this year stating that “the mind-set and attitude of the state government were counter-significant”. This necessitated the search for a fresh candidate.
Officials said that justice Buch’s name was the only one suggested by chief justice Bhaskar Bhattacharya for the watchdog’s post. The Opposition Congress has welcomed the appointment.
Gujarat Congress spokesperson Manish Doshi said: “We welcome the decision. But the ruling party has much to answer the people of Gujarat for delaying the appointment for 10 years.”
Justice Buch retired from Gujarat high court in 2004. He was later associated with the VAT Tribunal and also headed the commission appointed by the high court for riverfront rehabilitation in 2011.
A Raj Bhavan official declined to comment saying they are yet to receive any formal communication from the government regarding the appointment of the Lokayukta. However, the official confirmed that Dr Kamla was not involved in the consultation process.
Nitin Patel said justice Buch’s name was suggested by the chief justice following elaborate consultations with the chief minister. He also said that leader of the opposition, Shankarsinh Vaghela, did not take part in the consultation process.
“The CM wrote to the leader of opposition several times for consultations, but the latter did not even respond to the requests,” Patel alleged. He, however, claimed that the government had followed the prescribed procedure and completed all formalities in the matter.
A senior government official too said that everyone who needed to be consulted in the matter was consulted by the CM.
“The council of ministers has gone by the chief justice’s suggestion. Even Supreme Court has said that the views of the chief justice (of high court) will have primacy in the matter. All that now remains is for the governor to issue a warrant for the appointment,” the official said.
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