Delhi HC defines Lokayukta's powers

The Delhi High Court clarified that the Lokayukta is empowered to hold a preliminary inquiry before proceeding with the issuance of notices to the accused in the matter pertaining to the purchase of 625 low-floor buses in the capital.

A bench, comprising Chief Justice Ajit Prakash Shah and Justice Neeraj Kishan Kaul, reversed the single judge order which had refrained the Lokayukta to hold a preliminary inquiry before proceeding with the issuance of notices to the respondents and held that Lokayukta is empowered to hold an inquiry as well as issue notice to ascertain the facts in the event of any allegations of corruption against the respondents.

The bench was hearing a petition filed by the Lokayukta, the anti-corruption agency, which challenged the single judge order, which directed the Lokayukta to follow procedure before issuing a notice to the accused.

The matter pertains to a petition filed by BJP leader Vijay Jolly before the Lokayukta, seeking an inquiry in the purchase of CNG buses by the Delhi Government.

The Lokayukta, Justice Man Mohan Sarin issued notice to the Delhi Government to produce all records of the purchase of 625 low-floor buses. He also blamed the Delhi Government for delay in producing the records.

The Delhi Government approached the Delhi High Court seeking to quash the notice issued by the Lokayukta, stating that he was not empowered to do so.

The Lokayukta said the delay in production of necessary records by the Transport Department in the matter of purchase of 625 low-floor buses will be non-compliance of the directions for production of records and was tantamount to defiance and non-cooperation by an administration professed to be committed to efficiency and transparency.

Appearing for respondent Vijay Jolly, lawyers Pinky Anand, Vipin Bihari Singh and Balender Shekhar had contended that the Delhi Government had embezzled crores of rupees in the purchase of the low-floor buses, whereas cheaper buses were available in the market, and therefore an inquiry should be held by the Lokayukta.

The Delhi Government had opposed the petition stating that Mr Jolly had not come to court with clean hands.

Mr Nazmi Waziri, lawyer for Delhi Government, contended that the petitioner had not produced facts and half truth was being portrayed.

Mr Waziri also contended that Lokayukta has to follow procedure before proceeding with the issuance of notice.

The single judge had last month refrained the Lokayukta to hold an inquiry but had allowed them to proceed as per the procedure.

The Lokayukta (ombudsman) appealed against the single-judge bench’s ruling setting aside Lokayukta order, asking the Delhi Government to produce the documents related to purchase of the CNG buses for the state-run Delhi Transport Corporation (DTC).

In its appeal, the Lokayukta, who was asked to confine to its jurisdiction, said if the Government will put forth such barriers, it would hamper its functioning.

The petition alleged that the buses were bought at an inflated price of Rs 2.5 million extra for each piece.