HC dismisses plea to implement provisions of new Lokayukta Act in Delhi


PTI | New Delhi | Updated: 26-05-2022 15:22 IST | Created: 26-05-2022 15:22 IST
HC dismisses plea to implement provisions of new Lokayukta Act in Delhi
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The Delhi High Court Thursday dismissed a petition seeking to implement the provisions of the Lokpal and Lokayuktas Act, 2013 in the national capital to establish the institution of Lokayukta to deal with complaints relating to corruption against certain public functionaries.

A bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta said it was not for the court to direct the legislature to enact or amend a law, as desired by the petitioner, and rejected the plea saying there was no merit in it.

The bench said all that the 2013 Act requires is the appointment of Lokayukta in every state and the same has been done in Delhi under the Delhi Lokayukta and Upalokayukta Act, 1995.

The court was hearing a petition by NGO Help India Against Corruption, seeking to direct the Government of NCT of Delhi to implement the provisions of Lokpal and Lokayuktas Act, 2013 in Delhi in letter and spirit as per section 63 of the 2013 Act so as to establish the institution known as Lokayukta for the state to deal with the complaints relating to corruption against certain public functionaries.

The plea said that in Delhi, the Delhi Lokayukta and Upalokayukta Act, 1995 was in force prior to the enactment of the Lokpal and Lokayuktas Act, 2013 but it only covered the politicians of Delhi and does not cover employees of the Delhi government and other civic agencies.

"Justice R N Aggarwal was appointed as the first Lokayukta of Delhi on December 1, 1997, thereafter on December 17, 2015, Justice Reva Khetrapal was appointed as fourth Lokpal of Delhi who has demitted the office on December 16, 2020, and since then, no Lokayukta has been appointed by the Government of NCT of Delhi and the post of Lokayukta in Delhi lying vacant with effect from December 16, 2020," the plea said.

It said even after the 2013 Act came to force and in spite of the mandate of Section 63 of the said Act requiring the state government to establish the institution of Lokayukta for the state, the state government of NCT of Delhi has not taken any action in this direction.

Delhi government standing counsel Santosh Kumar Tripathi submitted that retired Jharkhand High Court judge, Justice Harish Chandra Mishra has been appointed as Lokayukta of Delhi and he has assumed charge on March 23.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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