The CPI, a partner in Kerala’s Left Democratic Front government, has alleged that no political consultations were held prior to presenting before the cabinet the government’s ordinance to make Lokayukta orders non-binding on it.
State CPI secretary Kanam Rajendran said the government should not have taken the ordinance route to empower itself to take a call on accepting or rejecting Lokayukta orders, and that a bill should have been introduced in the Assembly instead.
“It is a fact that necessary political consultations did not take place regarding this,” Rajendran told reporters on Wednesday, a day after Congress leader Ramesh Chennithala released a copy of the ordinance awaiting the governor’s nod.
“Everyone will get the freedom to raise their opinion if it is moved in the Assembly as a bill. Denial of that is what led to this controversy,” Rajendran said, conceding that the partners of the ruling LDF were not consulted before the government presented the ordinance at the cabinet meeting on Friday.
The ordinance seeks to amend Section 14 of the Kerala Lokayukta Act, 1999, by inserting the provision that the government may “accept or reject” Lokayukta declarations or orders. The Act now mentions only “accept”, which made Lokayukta orders binding on the state government.
The Opposition has cited the amendment as an attempt to shield chief minister Pinarayi Vijayan and higher education minister R. Bindu, against whom Lokayukta cases are pending for alleged misuse of the Chief Minister’s Disaster Relief Fund and nepotism, respectively.
Law minister P. Rajeev had on Tuesday justified the ordinance, saying it was based on the advocate-general’s advice and that it would open up avenues for appealing against Lokayukta orders.
Leader of the Opposition V.D. Satheesan on Wednesday rejected the minister’s contention and said Lokayukta orders had been challenged in the high court even in the case of former higher education and minority welfare minister K.T. Jaleel, who had to resign in April last year. Accused of nepotism, Jaleel had to step down just ahead of the state polls.
“The Lokayukta has a lawyer in the high court. So how can they say there is no provision for appeal?” Congress leader Satheesan noted.
He questioned the rationale of the amendment that would mean that the executive would sit in judgement of orders passed by the Lokayukta that comprises judges from the high court or the Supreme Court. “How can the executive take a call on what judges with experience in high courts and the Supreme Court rule?” Satheesan asked.
Senior Congress leader Ramesh Chennithala, who revealed the ordinance before the media on Tuesday, said an Opposition delegation led by Satheesan would meet governor Arif Mohammed Khan on Thursday to urge him not to approve it.
M.K. Dasan, Kerala state secretary of the CPI(ML) Red Star, was among those who demanded the withdrawal of the ordinance.
“We urge the government to withdraw this move to sabotage the Lokayukta,” Dasan said in a statement, reminding the state that Vijayan was going against the proclaimed position of the CPM central committee on the Lokayukta and its importance.
Dasan noted that it was the sustained fight against corruption in the country that forced the Union and state governments to establish the Lokayukta and the Lokpal. “But the extremely corrupt governments at the Centre and in the state have only tried to weaken these bodies,” he added.
