Summary:
Thiruvananthapuram, Jan 25 (PTI) The CPI(M)-led LDF government in Kerala on Tuesday justified its decision to amend the Lok Ayukta Act, saying the move was to ensure natural justice and make it more in accordance with the Constitution, Lokpal and similar legislations in other states, even as the opposition alleged that it was to "undermine" the powers of the ombudsman and to facilitate corruption.State Minister for Law, P Rajeev said the move to promulgate an ordinance was not a sudden decision as alleged by the opposition but the process began last April during the tenure of the previous government.He also said the government considered the suggestion for a new legislation in view of two High Court verdicts saying the Lok Ayukta does not have mandatory jurisdiction but only recommendatory jurisdiction.The Advocate General (AG) also gave legal opinion that Section 14 of the Act was in violation of the Constitutional articles 163,164 and suggested to amend it to make it more in accordance with the existing laws in the country, he added."The amendment is in accordance with the Constitution, Lokpal and similar Acts in other states.
As per the new law, the Lok Ayukta can submit its report to the government.
The Government, Governor or the concerned authority should take a decision on it within three months," the minister told reporters here.Rajeev also said natural justice would be ensured in every case coming before the agency and those facing charges would get a chance to go for appeal.Noting that the government would not compromise on corruption, he also rubbished charges of the opposition Congress and BJP that the decision was taken as the agency was about to consider the complaints against Chief Minister Pinarayi Vijayan and Higher Education Minister R Bindhu.During the tenure of the previous LDF government, the then Higher Education Minister K T Jaleel had to resign from the cabinet, days after the state Lokayukta"s finding that he had abused his position as a public servant to favour a relative.Meanwhile, the Congress urged the Governor Arif Mohammed Khan not to sign the ordinance in this connection.
They alleged that the CPI(M)-led government was trying to curb the powers of the agency by promulgating an ordinance at a time when complaints of several irregularities of the government were pending before it.
The ordinance was reportedly approved during the last cabinet meeting, but there was no reference to it in the cabinet brief issued by the government later.
Appealing to the Governor not to give assent to the ordinance, Opposition Leader V D Satheesan sent a letter to him saying the move was to "waterdown" the powers of the Lok Ayukta.