AAP govt has begin process to appoint Lokayukta, Delhi HC told

The Aam Aadmi Party (AAP) government told the Delhi High Court on Friday that it has initiated the process to appoint Lokayukta, a post which has remained vacant since November 2013.

An affidavit by Delhi government's concerned department was filed before Justice V P Vaish saying that it is "firmly committed to implementing the Lokayukta Act". It sought dismissal of a former BJP MLA's petition seeking direction to immediately fill up the post of Lokayukta, saying it is "motivated petition, filed... for achieving narrow political gains" and not "public interest".

"Proviso (A) to Section 3 of Lokayukta Act, mandates that Lokayukta is to be appointed in consultation with Delhi High Court Chief Justice and the Leader of Opposition. The answering respondent (Delhi government) in compliance of the said statuary mandates, initiated the process of consultation by submitting its suggestion for filling in the vacant post of Lokayukta in a sealed cover, by a letter date July 10, 2015, to Delhi High Court Chief Justice," the Delhi government affidavit said.

"It is therefore most respectfully submitted that the process of appointment of Lokayukta has been initiated and is in process. The present petition may be kindly dismissed as infructuous," it added.

The Delhi government's response came in backdrop of the court's notice issued on May 15 while hearing a plea filed by BJP leader Sat Prakash Rana for appointment of Lokayukta.

Rana's counsel Jayant Nath has contended that though AAP government assumed charge in Delhi on February 14 it has "not yet taken any step for the appointment of the Lokayukta and Uplokayukta here".

The plea, which also includes the Centre apart from Delhi government and the Lieutenant Governor as parties, has sought immediate appointment of Lokayukta.

The BJP leader, in his plea, has said non-appointment was adding to the pendency of cases and, more importantly, has blocked a legal right of residents of the national capital. He has said the institution was set up to inquire into allegations against public functionaries but the post was vacant for last 18 months.

The petition has said, "the petitioner made enquiries at the office of Lokayukta, which was currently a functional office, and where complaints and petitions are being accepted on a daily basis. In other words, public money is being spent on running the office of Lokayukta, without there being any Lokayukta to justify the expenditure. This amounts to a significant waste of public money, for which the Delhi government and the LG are squarely responsible."

It also said that in view of the importance of Lokayukta, the "inaction" by Arvind Kejriwal government and Lieutenant Governor Najeeb Jung for 18 months is "astounding" and a "clear reflection of the lack of respect" they have for existing laws and democratic institutions.

Rana said that the "office of the Lokayukta has been made a pawn in a political game" and the government "does not wish" to fill the vacancy.

The Delhi government, however, refuted the allegations and said the petition was "premature" and "gross abuse of process of this court, so it be kindly dismissed".

"The respondent is fully and unequivocally committee to implementing the mandate of Delhi Lokayukta and Uplokayukta Act, 1995 (herein referred to as Lokayukta Act) and complying with its obligation thereunder. It is denied that there is any abdication of duties and/ or apathy on part of the respondent towards the citizens of Delhi as alleged...," the Delhi government said.

On September 26 last year, the Delhi High Court had, while hearing a different PIL on same issue, asked the LG to initiate the process to fill the post of Lokayukta saying the statutory provisions make it mandatory on the part of state to ensure that the post is filled up "without any delay".