The Kerala government has sent for approval to governor Asif Mohammad Khan an ordinance, which seeks to empower the chief minister or the Cabinet as “competent authority” to either accept or reject verdicts of anti-corruption ombudsman Lokayukta by conducting a final hearing.
The ordinance comes as the Lokayukta is probing three complaints against chief minister Pinarayi Vijayan for allegedly misusing funds meant for disaster relief. It has prompted an angry reaction from the Opposition parties, which asked Khan to refuse assent to the executive order seeking to clip Lokayukta’s wings.
People aware of the matter said the executive order was approved at the last Cabinet meeting on Wednesday last and sent for approval discreetly two days back on Saturday. The government rushed with the ordinance as the state assembly is set to meet next month. Ordinances lapse if legislative bodies do not approve laws to replace them within six months.
The ordinance, a person cited above said, says the “competent authority” can go through the verdict in detail and make a decision within three months of the verdict. It has been promulgated as Vijayan is accused of sanctioning lakhs of rupees to the families of former ruling Communist Party of India (Marxist) or CPI(M) lawmaker K K Ramachandran, former Nationalist Congress Party leader Uzhavoor Vijayan and that of a gunman, who died while on security duty of the party’s state secretary Kodiyeri Balakrishnan.
Higher education minister K T Jaleel was earlier forced to resign last year after the Lokayukta found him guilty of nepotism. Jaleel was found to have lobbied for a relative to be appointed as the general manager of State Minority Welfare Corporation. He allegedly diluted some of the qualifications required for the post. Jaleel moved the high court but it refused to entertain his plea against Lokayukta’s ruling.
Congress leader Ramesh Chennitahala last month moved the Lokayukta against Jaleel’s successor, R Bindhu, citing two letters she wrote to Khan recommending the reappointment of Kannur University vice-chancellor Gopinath Raveendran. Chennithala said Bindhu had no right to send such letters to Khan and that it was a clear case of nepotism and misuse of power.
Chennitahala said the government was forced to take the shortcut and issue the ordinance in view of the pending decisions on some of the cases before the Lokayukta. “Three complaints against…Vijayan and one against higher education minister R Bindhu are pending (before Lokayukta). It is a naked violation of the rules to make the anti-corruption ombudsman toothless,” said Chennitahala.
Former high court judge Kemal Pash called the ordinance a move to cripple the Lokayukta. “All democratic forces should oppose it.”
State law minister P Rajeev justified the ordinance, saying it was long pending and the government moved as per the advice of the Advocate General. “Many states have brought amendments to the Lokayukta Act and in Kerala, this was not done. The latest move is aimed at bridging this gap,” he said.
