Crucial verdict on Lok Ayukta appointment to be delivered on Wednesday.
A bench of the Gujarat High Court on Tuesday rejected two pleas that had sought contempt of court proceedings against Chief Minister Narendra Modi for making public his letter to the Prime Minister seeking recall of the Gujarat governor on the issue of appointment of Lok Ayukta.
However, Wednesday is an important day for Modi as Justice VM Sahai will pronounce the judgment on whether a governor of the state has the power to appoint Lok Ayukta without the consent of council of ministers. The matter was referred to Justice Sahai as the bench of justices Akil Kureshi and Sonia Gokani issued dissent judgment on the issue. The decision of the third judge will be final.
Two pleas, one by Bhikha Jethva and the other by Rajesh Mankad of Jan Sangharsh Manch, were moved before the bench of Justice Kureshi and Justice Gokani while they were hearing the state government’s plea seeking to cancel appointment of justice (retired) RA Mehta as Lokayukta by governor Dr Kamla.
While rejecting the two pleas, the court noted, “The letter written by Modi had most of the contention of the state’s averments in the petition challenging Lokayukta’s appointment by the governor.”
The court further said, “The petitioners have not been able to assert affirmatively that the CM leaked the letter to the media or it was circulated under his instructions or directions.”
The court also said, “The chief minister’s writing of the letter was not intended to interfere in the due course of justice.”
“Hence, we do not find any reason to entertain the petition seeking contempt of court proceedings against the CM or issue any notice in this regard,” the court said.
Government pleader PK Jani also filed an affidavit stating, “The CM did not leak the letter or brief the media. The information department circulated the letter as per their routine work process.”
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