The Hindu : Karnataka / Bangalore News : Lokayuktas seek end to ‘judicial interference’

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Monday, Sep 24, 2007
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Karnataka

Karnataka - Bangalore

Lokayuktas seek end to ‘judicial interference’

Raghava M.

Issue comes up at all-India conference

‘It renders our recommendations insignificant’
Supreme Court’s direction to be sought

BANGALORE: Lokayuktas and Upa Lokayuktas from different States on Sunday expressed their dissatisfaction with the “interference” by High Courts, which, they said, had affected their working and also made their recommendations insignificant. They decided to raise this issue before the Supreme Court and seek a direction asking High Courts to restrain from interfering in the functioning of the quasi judicial bodies.

The issue came up during the presentation by Uttar Pradesh Lokayukta N.K. Mehrotra in the last plenary session of the two-day conference of the All India Lokayuktas, Lokpals, Upalokayuktas Association here on Sunday.

Speaking on “Draft of Model Lokpal Bill for the Centre and the Central Legislation of Lokayuktas of all States”, Mr. Mehrotra said the High Courts were “interfering” with the day-to-day working of the institution. “When I issue a show cause notice, they (High Courts) stay the process. This is ‘interference’. This is our grievance against High Courts. People need to know about it,” he said.

Mr. Mehrotra said the proceedings before the Lokayukta should not be subjected to judicial interference. “I do not mean the judicial review done by the High Court in exercise of the power granted under Article 226 of the Constitution,” he clarified.

Uttarakhand Lokayukta S.H.A. Raza said High Courts cannot substitute their views with the one taken by Lokayuktas. The High Courts should not “interfere” in the findings given by Lokayuktas and Upa Lokayuktas. “Some of the new judges do not know how to interpret our decisions,” he claimed. Lokayuktas write to the Government recommending action against those found at fault. It is left to the Government either to accept or reject it. “But still, the courts continue to place hurdles and obstacles,” he alleged.

Mr. Raza cited the inquiry conducted by him on the misuse of Rs. 100 crore meant for the construction of an irrigation canal. The chief engineer who investigated the matter found that payments were made without any work being carried out. Mr. Raza submitted a detailed report. “Our High Court stayed the report before the Government could take action,” he said.

Mr. Raza said the association will bring to the notice of the Supreme Court several such “instances of judicial interference”. “They (High Courts) should be directed not to ‘interfere’ until or unless there is a case of arbitrariness,” he said. The association will implead itself as a party in the matter before the Supreme Court.

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