Supreme Court orders status quo on Rajasthan HC order on graft cases

The Supreme Court today directed maintaining of status quo on the Rajasthan high court order transferring cases of alleged corruption during the previous Vasundhra Raje government to the Lokayukta from the state government-appointed inquiry Commission.

A bench headed by chief justice KG Balakrishanan passed the direction on a petition filed by Rajasthan government challenging the high court's order setting aside the constitution of NN Mathur commission.

While declaring the constitution of the Commission illegal, the High Court had directed that refer all the cases of corruption pending before the Mathur Commission or likely to be handed over to it to Lokayukta. 

The state government had appointed Justice Mathur Commission to inquire into charges of abuse of power, loss to state exchequer and corruption including misconduct, negligence irregularities and misappropriation of funds during the period from 2004 to 2008 when Raje was chief minister of the state.

Challenging the high court's order, the state government pleaded that though the High Court did not find any irregularity or illegality it substituted its own decision in place of that taken by it.

"The order (of the high court) in effect means substituting its own decision in place of the decision of the government and which goes beyond the scope of the present writ petition," the petition said. 

It also said the multi-member Commission was appointed to
maintain high standard of administration and to reinstate
faith of the public in governance.

"The setting up of the commission was felt necessary by the state government as per the demand of the people in general and for the purpose of maintaining high standard of public administration to restore the confidence of the people in the governance," the petition said.

It also submitted that the writ petition filed before the high court challenging the constitutional validity of the state government order was in fact a political interest litigation.

The bench had said the setting up of the commission smacked of political vendetta and all inquiries pending before the Commission should be sent to the Lok Ayukta. 

The high court had on January 4, 2010, passed its verdict on a petition filed by Kashi Purohit and Krishan Murarilal Asthana challenging the constitutional validity of the government order appointing the Commission.

The petition had said the Commission was constituted without following the mandatory procedures as required under the Commission of Inquiries Act, 1952. 

"If the government is not having any evidence and the state wants to collect information and consequently appoints a statutory Commission, it is not advisable as it will be a burden on the exchequer and an unfair exercise of power." 

The Bench had said "since the government has appointed such a Commission, therefore, the needle of suspicion will be in the mind of public that the Commission is constituted because of political vendetta, which needs to be obliterated and removed."

The Gehlot government had constituted the N N Mathur Inquiry Commission by an order on January 23, 2009, to inquire into cases of alleged corruption.