Deccan Herald: Bengaluru: Sunday,
May 15, 2016.
The Lokayukta
has refused to provide information sought under the RTI on the queries raised
by Governor Vajubhai Vala on the complaints against Justice S R Nayak who has
been recommended by the state government for the post of Lokayukta.
The Lokayukta
office has rejected the RTI application on the grounds that the “information is
not in public interest.” On the other hand, the state government is not
responding, seeking a copy of the governor’s letter sent along with the file
that was returned.
“The
application was rejected saying the information sought by the Governor is not
in larger public interest as per Section 8 (1) (e) of the RTI Act. However, the
other subsection states that the application can be rejected if it relates to
personal information and the disclosure of which would cause unwarranted
invasion of privacy of the individual. Here again, the Act states that if the
appellate authority is satisfied that the larger public interest justifies the
disclosure of such information, it shall not be denied to the public,” Deepak C
N of Samaja Parivartana Samudaya, an NGO, said.
On the
government purposely withholding information, Law Minister T B Jayachandra said
that Governor’s letter raising queries was being examined. “It is a long letter
with a lot of queries. Our officials are still studying the letter to decide
whether points raised by the Governor’s office can be replied or not. The
letter is still with the Department of Personnel and Administrative Reforms
(DPAR) and the decision will be taken soon,” he said.
The Lokayukta
post has been vacant since December 2015, when Justice Y Bhaskar Rao resigned
in the wake of the Legislative Assembly admitting a motion to remove him as
Lokayukta. After much controversy over the selection process, the government
recommended the name of Karnataka Law Commission chairperson Justice S R Nayak
in February 2016. The government had forwarded the recommendation despite four
members of the six-member selection committee opposing Justice Nayak’s name.
The Governor
had written to several institutions, including the Lokayukta police and the
Bangalore Development Authority, seeking information on the allegations against
Justice Nayak in the purchase of properties in violation of rules. Finally, the
Governor returned the recommendation raising certain queries on May 2, 2016.
Certain social activists had filed applications with the Lokayukta police and
the DPAR under RTI seeking the letters from Raj Bhavan.
BJP
favoured Justice Sen
The selection
committee comprising the Chief Minister, Chief Justice of the High
Court S K Mukherjee, Assembly Speaker Kagodu Thimmappa, Council Chairman
D H Shankaramurthy, leaders of the Opposition in both Houses, Jagadish Shettar
and K S Eshwarappa had met had met on February 19, 2016. Siddaramaiah and
Thimmappa proposed the name of Justice Nayak, while Justice
Mukherjee, Shankaramurthy, Shettar and Eshwarappa recommended former Supreme
Court judge Justice Vikramjit Sen’s name.
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