HC junks PIL seeking tabling of Shah panel report in Assembly

The Gujarat High Court today dismissed a PIL that sought a direction to the state to table in the Assembly the report of Justice M B Shah Commission which probed allegations of corruption levelled by Congress against the government headed by former Chief Minister Narendra Modi.
A division bench, comprising acting Chief Justice V M Sahai and Justice R P Dholaria, rejected the public interest litigation, stating it cannot use its power to issue a direction in a matter related to an inquiry commission.
The PIL was filed by former Chief Minister Suresh Mehta and two local activists Gautam Thakar and Prakash Shah.

The panel was constituted by the then Modi government under the 'Commission of Inquiry's Act' in 2011 to probe graft charges levelled by Congress leaders against it. The Commission, headed by retired Supreme Court Judge M B Shah, was formed to probe 17 allegations of corruption, it said.
The PIL alleged that the judicial panel was formed to prevent Lokayukta (anti-corruption ombudsman) from probing these charges. The Act prohibits Lokayukta from looking into cases taken up by a Commission formed under the law.
The Commission's report has not been tabled in the Assembly even two years after being submitted to Gujarat government. The PIL sought a direction to the government to table the report in the next assembly session but the plea was rejected by the HC.

Mehta told PTI he will challenge the order before the Supreme Court. "I am not convinced by the High Court verdict. It will certainly be challenged before the Supreme Court after we get a copy of the order," he said.

The panel was formed on August 17, 2011, two months after Congress submitted a memorandum to then President Pratibha Patil, alleging corruption and extending favours to industrial houses by the then Modi government in the state.
Its terms of reference included charges of favouritism toward certain industrial houses, the state's negligence in this regard, if any, and any other allegation the commission deems fit to inquire. The panel submitted its report in two parts - interim and final - but findings were not made public.

Justice Shah now heads the Special Investigation Team on black money formed by NDA government last year.