A two-Judge Bench of the Gujarat High Court was on Monday divided over the controversial appointment of Justice (retired) R A Mehta as the state Lokayukta by Governor Kamla Beniwal,with one judge upholding the decision and the other disagreeing with him. Justice Akil Kureshi upheld the appointment but Justice Sonia Gokani disagreed with him openly in the packed court. While Justice Kureshi read out his part of the judgment,Justice Gokani was still dictating her portion,reasoning why she did not agree with his final conclusion. She will continue her dictation on Tuesday. The matter is expected to be referred to a senior judge of the High Court for adjudication under provisions of the Gujarat High Court Rules. Just as Justice Kureshi was concluding his order,he declared,The suspense is not over yet marking Justice Gokanis disagreement with his stand and left the courtroom stunned. Justice Kureshi concluded that the principal prayer in the state governments petition to quash Mehtas appointment as the Lokayukta should not be allowed. While acknowledging that as per provisions of the Lokayukta Act the Governor could not act in her discretion to appoint the Lokayukta without the aid and advice of the Council of Ministers,he,however,said the circumstances in this case were peculiar. Justice Kureshi said the statutory provisions should be viewed in the context of the present socio-economic situation,where even the Supreme Court has expressed concern over the issue of corruption. He said in a democratic set-up the ultimate power lies with the people. He observed that in an electoral system,people were required to make informed choices regarding principles of political parties. And to arrive at such informed choices,the opinion of the Lokayukta could be very important he said,adding the institution was a powerful tool against public functionaries facing various allegations of corruption. Justice Kureshi considered the peculiar circumstances of the case,saying the post was vacant for more than eight years. He noted the provisions of the Lokayukta Act under which the Lokayukta could not probe any issue that was older than five years at the time of his appointment. He upheld the appointment on mainly two grounds. He said the Gujarat Chief Justice had proposed Justice R A Mehtas name for appointment as Lokayukta in a letter to the CM on June 7,2011. The CM objected to this proposal in a letter dated June 16. But the chief justice overruled the objections in another letter to the CM dated August 2,2011. This,Justice Kureshi observed,completed the consultation process for Mehtas appointment.
