The Supreme Court on Tuesday did not allow the Uttar Pradesh government’s submission to defer hearing on a plea, challenging the appointment of Lokayukta, as senior lawyer Kapil Sibal was not available, saying that the state cannot be accommodated “beyond a point”.
“Arrange another lawyer. We can accommodate a lawyer to a particular point, but the court has to function also. Make an alternative arrangement. List it tomorrow,” a Bench comprising Justices Ranjan Gogoi and Prafulla C Pant said.
The counsel for UP sought adjournment on the ground that Sibal, who has been leading it in the matter, is busy arguing before a five-judge Constitution Bench, which is hearing petitions related to the Arunachal Pradesh political crisis.
“The convenience of lawyer is of utmost importance for the court but not beyond a point. We can’t wait for Sibal,” it said and asked the state to be ready to argue the case on Wednesday. The case relates to the appointment of Virendra Singh, former judge of the Allahabad high court, as Lokayukta.
Earlier, a Bench, headed by Chief Justice TS Thakur had sent the fresh plea, alleging fraud by the state government, before the Bench of Justice Gogoi on the ground that it was dealing with the matters on appointment of Lokayukta in UP. The court had on December 16 last year exercised its constitutional authority and appointed Justice Singh as Lokayukta, saying that the constitutional functionaries – the Chief Minister, the leader of the Opposition and Chief Justice of the Allahabad high court – had failed to comply with its orders by not appointing the chief of the state’s anti-graft ombudsman.
The Supreme Court had heard the fresh plea filed by Sachidanad Gupta during the winter vacation. The plea alleged that the Samajwadi Party government in the state had “concealed facts” about Justice Singh and “played fraud” upon the Apex Court.
The state government had also told the court that it will not go ahead with the oath-taking ceremony of Justice Singh as Lokayukta till the Apex Court had heard the fresh plea.
The court had taken note of the fresh plea, which alleged that immediately after the appointment, the Chief Justice of the High Court had written a letter to Governor Ram Naik, expressing displeasure with the state government for not disclosing the facts that he had some reservations on Singh's name.
The plea seeks direction for quashing of the December 18 order of the government appointing Justice Singh as Lokayukta.
The fresh plea says “the state government has violated the essential condition of rule of law by neither apprising this court of the correct facts and also not approaching this court to apprise it of the true facts even after the Chief Justice of the Allahabad high court had expressed that the name of Justice (Retd.) Virendra Singh/Respondent No.3 had been dropped by the Chief Minister himself.
“The so-called ‘communication gap’ between the Chief Justice of the Allahabad high court and the Chief Minister about which there is no mention before this court during the hearing on 16.12.2015 is destructive of the fundamental conditions upon which the Constitution of India rests - i.e. rule of law, truth and constitutional morality.
“The tenure of UP Lokayukta is at least 8 years and once the High Court Chief Justice has apprised Principal Secretary to the Governor and the state’s Chief Secretary that the name of Justice Singh was ‘not even in fray and was not in consideration’, it was obligatory on authorities to approach this court and apprise this court regarding the same; rather than to advise the Governor of UP to issue a formal order of appointment of Justice Singh as Lokayukta,” it said.