Lokayukta: Delhi government filed 'false' affidavit, says BJP leader

Leader of the opposition in Delhi assembly, Vijender Gupta, on Thursday moved the Delhi High Court saying the state government had filed a "false and misleading" affidavit on the Lokayukta issue.

Gupta said the Delhi government, in its affidavit, told the court that it had started the consultation process on the appointment of Lokayukta. Though the government might have sent the proposed name in a sealed cover to the chief justice, he (Gupta) was not consulted, the BJP leader said.

He said he as part and parcel of the consultation process in the appointment of Lokayukta as per the statute "has not been intimated with deliberate and mala fide intents".

The post has been lying vacant since November 2013.

The BJP leader filed an intervening application in an ongoing case filed by former legislator Sat Prakash Rana, who sought directions to fill up the post of Lokayukta.

"That the applicant (Gupta) herein is a leader of the opposition in Delhi legislative assembly and therefore is a part of the consultation procedure as envisaged in Section 3(1)(a) of the Delhi Lokayukta and Up-lokayukta Act, 1995, for the appointment of Lokayukta.

"The contents of the short affidavit filed by the NCT of Delhi in the present petition are therefore false and misleading as no consultation process with the applicant has been initiated," the plea filed by Gupta said.

He asked the court to take cognizance of the "misleading and deliberate act of the Delhi government and direct it to withdraw its affidavit stating wrong facts regarding the consultation process for the appointment of Lokayukta".

The BJP leader also sought directions to the government to begin consultations with him on the appointment.

Earlier, a government affidavit was filed before Justice V.P. Vaish saying the government was "firmly committed to implementing the Lokayukta Act" and the process had been initiated.

Rana told the court that though the Aam Aadmi Party (AAP) government assumed charge on February 14, it had not yet taken steps for the appointment of the Lokayukta and Uplokayukta in the national capital, even after a lapse of 19 months.

The plea sought "immediate appointment" of Lokayukta saying the non-appointment was "adding to the pendency of cases and, more importantly, blocked a legal right of the residents of Delhi".

On September 26 last year, the Delhi High Court, while hearing a different PIL on the same issue, had asked the Lt. governor to initiate the process to fill up the post of Lokayukta saying the statutory provisions made it mandatory on part of the state to ensure that the post was filled "without delay".