Ahmedabad, 11 October, 2011

Justice Sonia Gokani today delivered her judgement in Gujarat Lokayukta appointment case and quashed appointment of retired Justice RA Mehta’s as state Lokayukta. Justice Gokani in her judgement directed the state government to appoint a new Lokayukta in next four months.

As another judge in same division batch Justice Akil Qureshi differed in his verdict, the case will now be refereed to the acting Chief Justice of Gujarat High Court who will most probably refer the case to third judge whose decision will settle the final verdict.

-While Justice Akil Qureshi dictated judgement between 11.15 am to 4.00 pm on Monday(3-4 hours), Justice Sonia Gokani on Tuesday dictated judgement between 11.05 am to 5.00 pm(6.15 hours)

-Soniaben Gokani was in disagreement with her brother judge Akil Qureshi on two issues. (1) Whether Governor has power to appoint Lokayukta directly? and (2) In this case whether the consultation process was over or going on?

-Soniaben Gokani in her judgement observed that Governor issuing warrant for appointment of Lokayukta from Governor house is unimaginable event in constitutional democracy and history of Gujarat.

-Justice Gokani also said that Governor worked in unnecessary haste in issuing warrant for Lokayukta appointment. She acceded her power given by constitution and sidelined the provisions in constitution.

-Justice Gokani said that after then Chief Justice replied the Chief Minister, another letter was written by the CM on 18 August 2011 requesting the CJ not to appoint Justice Mehta as Lokayukta. A copy of this letter was also sent to Governor. Thus Chief Minister’s last letter was pending before the Chief Justice and therefore consultation was not over. According to the Supreme Court’s related verdict, consultation should be fruitful and fulfilling the purpose and then only it can be termed as over and not otherwise.

-Dictating the order in the open court, Justice Gokani observed that the powers held by Governor in general and appointment of Lokayukta in particular could not be exercised without aid and advice of council of ministers except the rare and grave situations which are specified in Constitution as exceptions to the rule. “Governor has no independent power to appoint a Lokayukta,” she held. The judge further held, “the court cannot permit the disturbance in democratic setup and Constitutional scheme. Any authority that overreaches constitutional provisions needs to be constrained. Neither in the name of delay nor in the name of growing demand any short-cut should be made permissible. No exceptions have been carved out by the Constitution or by Supreme Court judgments for the decision which was taken by the Governor, sending the parliamentary process in to the back seat.”

-On the issue of consultation process she held, “Justice R.A. Mehta’s name was suggested on June 7 by Chief Justice to Chief Minister and Governor. On June 16 Chief Minister wrote a letter Chief Justice mentioning reasons behind R.A. Mehta’s ineligibility for the post like Lokayukta. After that on August 18 Chief Minister has given evidences for having reservations against the name of retired Justice Mehta. On August 25, however, the Governor has issued a warrant from Governor House. On the very next day it was sent to Chief Minister’s private secretary. As Justice R.A. Mehta’s name was under consideration, the consultation process was not over.” On this count as well Justice Gokani found that the warrant for appointment of August 25 was unconstitutional.

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