Chief justice of Delhi High Court G Rohini objects to Kejriwal government's lokayukta pick

NEW DELHI: With the chief justice of the Delhi high court raising the red flag, the Arvind Kejriwal government's move to appoint a lokayukta has hit a roadblock.

TOI has learnt that the chief minister's recommendation to Chief Justice G Rohini on appointment of lokayukta was returned to the government with an advice that the government proceed "in accordance with provisions of the Delhi Lokayukta Act."

According to provisions of Delhi Lokayukta and Uplokayukta Act, 1995, only a person who has held the post of chief justice or a judge of high court for seven years can be appointed to this post which probes graft allegations against public functionaries.

Sources said the chief justice objected to the manner in which the government initiated the proposal. "The law department has to be involved in the process, where an eligibility range has to be fixed first. It means that only those judges who retired in the past 5 or 7 years will be considered. The names go to a panel comprising leader of the opposition, LG and chief justice who hold their own inquiries and zero in on a choice," the source explained.

In the present case, the government sent a letter to the chief justice, recommending a name and requesting her to take the process forward. It admitted that in an affidavit filed in court on July 24.

Responding to a PIL that charged it with not being serious enough to fill a post lying vacant since November 2013, the government said it complied with statutory mandates. It said it "initiated the process of consultation by submitting its suggestion for filling in the vacant post of lokayukta...by a letter dated July 10...to the chief justice of the high court".

Last week, the government had told the court that "the chief justice sought certain clarifications on August 10 to which the Delhi government replied on August 14".

As per sources, the government may have to revise its approach and adhere to the legal provisions highlighted by the chief justice .

Former Delhi Lokayukta Justice Manmohan Sarin agreed, stressing that the statute is very clear in this regard. "A committee of the leader of the opposition, chief justice, LG and chief Justice has to convene to process names sent by the government. The chief minister can also participate in the meeting," Justice Sarin told TOI.