NEWSLINKS
US EDITION
COLUMNISTS
DIARY
SPECIALS
INTERVIEWS
CAPITAL BUZZ
REDIFF POLL
DEAR REDIFF
THE STATES
YEH HAI INDIA!
ELECTION 99
ELECTIONS
ARCHIVES

Search Rediff

Lokayukt accuses MP governor of interference

Rahul Singh in Bhopal

Madhya Pradesh Governor Bhai Mahavir is fighting a no hold barred battle with Justice Faizanuddin, the state's Lokayukt. The two dignitaries have accused each other of motives, traded insults and held out veiled threats.

Over the past month, the two Constitutional functionaries have exchanged four strongly worded letters, including a confidential letter (DO No 118/GS-GMP/2000 dated May 13, 2000) written by the governor.

The governor and the Lokayukt, both of whom are equally critical of the state government's record in tackling corruption, have locked horns over submission of a inquiry report into corruption charges against Chief Minister Digvijay Singh.

While the governor insists that the Lokayukt must submit the report to him, Justice Faizanuddin refuses to do so, quoting legal provisions and accuses Mahavir of 'interference in the functioning of the Lokayukt.' Alleging that the former BJP leader was trying to 'politicise the institution' of the Lokayukt, the judge has indirectly charged Mahavir with pursuing a 'hidden agenda.'

The Lokayukt was seized of a case pertaining to land allotment to Nai Dunia newspaper at Indore since 1997. Mahavir has 'called upon' Justice Faizanuddin to submit the report to him, quoting the Lokayukt Act.

Quoting the same Act, Justice Faizanuddin has refused to send the report to the governor. He says he is required to send his findings and recommendations to the governor only if the allegation is established to be true.

Pointing out that he had 45 years of legal experience, including 16 years as a high court judge and three years as a Supreme Court judge, he remarked: 'If any one feels that I am yet to learn the basics of law, he is living in his own paradise.' He has accused Mahavir of using 'pressure' and 'veiled threats' to divulge information.

Mahavir on his part has expressed indignation that the Lokayukt's 'delay in the conduct of the inquiry against persons occupying high positions' was affecting the 'crusade against corruption in high places.' The governor has also accused Justice Faizanuddin of rudeness, transgressing decorum and throwing 'all norms of decency and courtesy to the winds.'

Mahavir, who has no love lost for Singh, started taking a keen interest in the case after he became governor in 1998. In a letter sent to Singh on September 12, 1998, he commented that the case 'implied charges of corruption and favouritism against the government.'

At the root of the present controversy is a representation made to the governor in early 1999 seeking sanction to prosecute Digvijay Singh under the Prevention of Corruption Act for alleged favours shown to the newspaper.

The governor's office followed up the request vigorously. It wrote two letters to the Lokayukt in July and September last year to inquire about the status of the case. Mahavir personally took up the matter with Justice Faizanuddin last November.

However, the judge ignored all communication from Raj Bhavan. His silence provoked Mahavir to write a DO letter (No 180/RB/SA/239/99) on April 29, telling Justice Faizanuddin that it was 'imperative that complaints against persons occupying high positions are dealt with on priority.' He asked the judge to submit the report 'expeditiously.'

In his reply (DO No 10/SA/LA/2000) dated May 2, Justice Faizanuddin described the governor's letter as 'improper, undesirable and illegal' interference. He said the governor's letter was 'certainly not in good taste.'

Taking a pot shot at the governor, he said the Lokayukt was modelled on the Swiss ombudsman -- 'totally free from influence of the executive, which obviously includes the top executive too.'

The governor's office, he retorted, was not supposed to act as the monitoring authority of the Lokayukt.

Justice Faizanuddin also accused the governor of pressurising him to divulge confidential information. He told Mahavir: 'The matter was clarified by me to your goodself during the course of a personal meeting in which I had expressed my inability to divulge any information to your office pertaining to the inquiries being held by this organisation.'

Under the Lokayukt Act information obtained by the organisation in the course of investigation is confidential.

Justice Faizanuddin's letter revealed that the Lokayukt had received letters from Raj Bhavan in 'certain other matters also, eliciting some information or the other.' The Lokayukt ignored it in the hope that 'this might send proper signals.'

The judge has already passed the final order in the Nai Dunia case in March, which will form part of his next annual report. He has informed the governor that the inquiry took time because of its serious and important nature. 'The inquiry cannot be guided by any other outside authority,' said Justice Faizanuddin, 'nor can justice be sacrificed at the altar of undue haste.'

Mahavir joined issue (Confidential DO No 118/GS-GMP/2000 dated May 13) in an equally bitter tone. He commented: 'You have thrown all norms of decency and courtesy to the winds.'

Justice Faizanuddin, in his DO No 11/SA/LA/2000 dated May 22, was furious. He retorted: 'I have moved in much better societies than many others and do not need to be taught the basics and first lessons of norms, decorum and decency.'

The governor has accused Justice Faizanuddin of not having taken 'the elementary care of looking up and understanding the relevant law.' He asked the judge to submit the report to him as Section 12-A of the Lokayukt Act enjoined upon the Lokayukt to give his reports in complaints against the chief minister and leader of the Opposition to the governor.

However, Justice Faizanuddin says Section 12-A is part of Section 12 of the Lokayukt Act, under which only those reports are to be submitted to the 'competent authority' in which allegations are established to be correct. Accusing the governor of trying to politicise the issue and raise 'undesirable controversies' he took another pot shot at Mahavir, saying: 'My concern is totally dispassionate and disassociated with any hidden agenda.'

Back to top

Tell us what you think of this report