Re: [IAC#RG] Why is NaMO scared of an independent Lokayukta ?

Dear All

How can such a CM who spearheaded a toothless Lok Pal bill passed can eer become the PM

Vijoy Ambasta.  

On Wed, Apr 3, 2013 at 12:47 PM, Joshi NM <naishadhjoshi@gmail.com> wrote:

Hello Vidyut,

Laws are framed to address a specific set of lssues, keeping in mind desired solutions and also abuse of law in times to come.

Lokayukat example is set by Mr. HR Bhardwaj who is a veteran(!) politician with decades of standing. Let us see what Mr. HR Bhardwaj has set in motion, in the backdrop of the overall action taken by him:

Hans Raj Bhardwaj holds the record of having the second longest tenure in Law Ministry of GOI since independence. He was the minister of state for nine years and a cabinet minister for law and justice for five years.

 

In March 2009, H R Bharadwaj was criticized for taking the initiative to de-freeze two bank accounts of Quattrocchi, an accused in the Bofors Scam case, who is seen as a close friend of SG. In particular, it appears he did not consult the investigating agency CBI which had gotten the accounts frozen, while CBI was appearing in the matter before SC. Bhardwaj got away scot free for this action and got appointed as Governor of Karnataka.

 

H R Bharadwaj, the old Gandhi family loyalist, handled the most sensitive and controversial cases in the Manmohan Singh cabinet between 2004 and 2009 such as Bofors,  office of profit and the failed attempt to remove Navin Chawla as election commissioner.

 

Bharadwaj made unceremonious, scathing personal attack on Mysore university vice-chancellor V G Talwar when the latter was initiating action against former vice-chancellor J Shashidhar Prasad. Prasad is accused of committing irregularities in the recruitment of around 200 Professors and Readers during his tenure between 2003 and 2007.

 

On 21 January 2011, Governor Bhardwaj sanctioned the prosecution of Chief Minister of Karnataka under Prevention of Corruption Act, following several allegations of his involvement in land scams. However, on 7 March Karnataka High Court quashed this decision and the Lokayukta Police FIR. The court observed, "The petitioner was condemned unheard and there is flagrant violation of principles of natural justice, fairness in administrative action and statutory provision".

 

On 7 February 2011, Bharadwaj withheld the approval of honorary doctorate by the Bangalore University to noted historian and Kannada writer Chidananda Murthy. Chidananda Murthy had backed justice BK Somasekhara Commission's report on church attacks in Karnataka in 2008. Bharadwaj was criticised by the entire literary community of Kannada including Jnanpith awardee Prof Ananthamurthy. Akhila Bharata Kannada Sahitya Sammelana 2011, held in Bangalore, adopted a resolution to "condemn" the Governor's decision. Taking note of this, Bharadwaj agreed to give his approval.

 

In May 2011, Bhardwaj recommended President's rule in Karnataka, however, as yet, Elected Govt. is in power.

 

Bhardwaj is not a novice politician. See the performance and Lokayukt result in Karnataka after 2 years. Justice Hegde report used not for justice but as a mere tool to topple the Govt. for presidential rule.

Best regards,

-Joshi NM

On 2 April 2013 20:05, Vidyut Kale <wide.aware@gmail.com> wrote:

He is basically a control freak and does not compromise power. 

Also, his credibility is rather precarious and he would not like powerful challenges.

We're lucky he hasn't said CAG doesn't apply in Gujarat :p

Vidyut

On Tue, Apr 2, 2013 at 7:48 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

http://www.ndtv.com/article/india/narendra-modi-govt-gets-bill-that-dilutes-powers-of-lokayukta-passed-349302

Narendra Modi govt gets bill that dilutes powers of Lokayukta passed

Edited by Abhinav Bhatt | Updated: April 02, 2013 18:54 IST

The Gujarat Assembly today passed a bill introduced by the Narendra Modi government that attempts to overhaul the process of appointing the Lokayukta, virtually giving the full control to the state. As the government pushed through the bill, the opposition, Congress, staged a walkout.

According to the bill, the Lokayukta will have to seek the government's permission before acting on a complaint. Also, the Lokayukta's report will not be binding on the state government.

If a complaint is found to be frivolous, the complainant will have to deposit Rs. 2000 to Rs. 25,000 as fine and may serve six months in jail, according to the bill.

It also says that the selection panel for the Lokayukta would include the chief minister, the assembly speaker, a minister and the leader of the opposition; thus, eliminating the role of the Governor and Chief justice of the Gujarat High Court from the appointment process.

Arjun Modhwadia, president of the Gujarat Congress says, "The government wants to create a model, which aims at promoting corruption. It doesn't want any interference from the Supreme Court or High Court."

Mr Modi has been at loggerheads with Gujarat Governor Kamala Beniwal over the appointment of Justice RA Mehta as the Gujarat Lokayuta in August 2011. Mr Modi's government had challenged Justice Mehta's appointment in the Gujarat High Court, terming it illegal and accusing the Governor of not consulting the government.

In January 2012, the Gujarat High Court upheld the Lokayukta's appointment and slammed Mr Modi, saying, "The Chief Minister acted under a false impression that he could turn down the superiority and primacy of the opinion of the Chief Justice, which was binding. The spiteful and challenging action demonstrates the false sense of invincibility."

Mr Modi's government had challenged the order in the Supreme Court, which too upheld the verdict, saying Justice Mehta's appointment was legal.

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Best Regards,
-Joshi NM

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