» Judge, High Court of Gujarat. » Born on 9.1.1948 in the family of
judges and lawyers. » Enrolled as a member of Bar on 17.8.1973. » Served
as Law Officer of Kandla Port Trust from 1976 to 1980. » Rejoined the
Bar in 1980 and selected in the Cadre of District Judge directly in
1988, and Appointed as Assistant Judge on 31.8.1988, Promoted as Joint
District Judge on 27.4.1989 and thereafter as District and Sessions
Judge on 24.8.1990. » Elevated to the Bench of the High Court of Gujarat
as an additional judge on 11.12.1997 and confirmed as permanent judge on
6.9.1999. Retired on 9.1.2010. » His outstanding verdicts in a division
bench include an important judgement where he upheld a trial court’s
verdict of acquittal of all those involved in the Best Bakery case of
2002 Gujarat riots and another judgement includes his striking down of
reinvestigation demand by Vitthal Pandya in his son Haren Pandya’s
murder case.
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Gujarat
Edition
05 SEP. 2011
JUSTICE
VORA WAS CM’S CHOICE FOR LOKAYUKTA
Chief Minister Narendra
Modi wrote to Chief Justice S J Mukhopadhaya twice telling him he did
not approve of justices S D Dave or R A Mehta; the CM asked the CJ to
consider Justice Vora's name for lokayukta
Even
as the BJP stalled both houses of Parliament demanding recall of Gujarat
governor for appointing a lokayukta without “the aid and advice of the
chief minister and his council of ministers”, it is learnt the
appointment of lokayukta was delayed not because of the governor, chief
justice of high court or ‘non-cooperation’ of the leader of the
opposition, but because Chief Minister Narendra Modi wanted a particular
person appointed as the lokayukta.
“Chief Minister Modi was very keen to have a specific person
appointed as lokayukta. A lokayukta is supposed to probe the chief
minister and his council of ministers for corruption and wrongdoings.
Though in the past, during the BJP rule, the then chief minister
Keshubhai Patel never insisted on a man of his choice for the post, this
time Modi was very clear that he wanted a particular retired judge for
the post,” a top government official told Mirror.
Sources in the Chief Minister’s Office, albeit reluctantly, admitted
that Modi was so keen to see the particular person on this post that he
personally wrote two letters to Chief Justice of Gujarat High Court S J
Mukhopadhaya, clearly stating that he was not in favour of the person
suggested by the chief justice and asking him to consider Justice
(retired) J R Vora for the lokayukta’s post.
The
chief justice gave two different names on two different occasions for
the lokayukta’s post. Both times, as per procedure, the names were
forwarded to the governor who then forwarded it to the chief minister
and leader of the opposition.
Sources in General Administration Department (GAD) clearly told
Mirror, the lokayukta’s appointment process gained in speed in December
2010. The chief justice sent a name of retired Justice S D Dave on
December 31, 2010. The chief minister wrote a letter to the chief
justice on February 21categorically stating that he was not in favour of
Justice Dave for the post and that he should consider Justice Vora.
Sources say, on March 22 the chief justice wrote to the chief minister
expressing surprise as to why the government had “reservations” against
Justice Dave for the post of lokayukta. The CJ also mentioned that it
was not possible for him to appoint a lokayukta of chief minister’s
recommendation (Justice Vora) because he had already been appointed as
director of Gujarat State Judicial Academy. This meant that Justice Vora
could not be appointed and Justice Dave should have been appointed. But
then in a mysterious move, which has not yet been clarified, Justice
Dave sent a fax asking that his name should be withdrawn and that he was
not interested in becoming the lokayukta.
Thereafter, as per the Lokayukta Act, a fresh process was initiated
and the governor asked for a fresh name from the chief justice. This
time he sent Justice (retired) R A Mehta’s name on June 6 and the chief
minister again wrote back to the Chief Justice on June 16 categorically
saying he was not in favour of Justice Mehta. He even stated that
Justice Mehta’s “activities” cast a doubt on his judiciousness and the
letter, sources said, clearly asserted, “please consider retired Justice
J R Vora for the post of lokayukta as I don’t find Justice Mehta
suitable for the post.”
The
CJ in his reply on August 2 clearly said it was a matter of concern that
the chief minister had given negative opinion of Justice Mehta and had
doubted his objectivity, judiciousness and impartiality. Mukhopadhaya
also pointed out as to why Modi was insisting on only Justice Vora for
the post of lokayukta. The chief justice also stated that he had
personally tried for 45 days to find out more about Justice Mehta and “I
have not found anything that can make him ineligible for the important
post of lokayukta in Gujarat. In fact, he has a high reputation, great
integrity and his neutrality is well acclaimed, besides the fact that he
has not shown any aspiration to any government post whether central or
state.”
“CM
Modi was keen to have Justice Vora only as the lokayukta. It is not that
he is against Justice Mehta alone. He was also against another name of
Justice Dave. And it seems till Justice Vora could be appointed, he did
not want a lokayukta,” a senior bureaucrat in Gujarat government
claimed.
Chief Justice personally wrote to Chief Minister that Justice
Mehta’s appointment as lokayukta should be pursued and also wrote to
governor.
Meanwhile, because of a PIL in Gujarat High Court, something had to
be done on the issue of lokayukta. First, the Gujarat government
appointed a commission to look into certain charges (because as per
Lokayukta Act, complaints beng investigated by any commission cannot be
looked into by the lokayukta). Secondly, the government hastily and
imprudently sought to bring about an Ordinance amending the Lokayukta
Act.
As a senior government functionary pointed out, “I was shocked. The
chief minister proposed an amendment. He wanted a five-member collegium
that would have the assembly speaker and the state law minister and it
would be chaired by the chief minister himself to decide who can be a
lokayukta and who can probe complaints against him and his ministry.
Moreover, he proposed that the chief justice should not have a role.
There could be a high court judge and leader of the opposition and the
person the majority decides would become the lokayukta. Since out of the
five collegium members, three would be clearly from the ruling party,
they would have their say in the lokayukta’s appointment.”
The Modi government prepared an ordinance on August 18 and was
looking forward to get the governor’s assent to it, but the latter used
her discretionary powers and appointed a lokayukta on August 25.
WHO IS RETIRED JUSTICE J R VORA
» Judge, High Court of Gujarat. » Born on 9.1.1948 in the family of
judges and lawyers. » Enrolled as a member of Bar on 17.8.1973. » Served
as Law Officer of Kandla Port Trust from 1976 to 1980. » Rejoined the
Bar in 1980 and selected in the Cadre of District Judge directly in
1988, and Appointed as Assistant Judge on 31.8.1988, Promoted as Joint
District Judge on 27.4.1989 and thereafter as District and Sessions
Judge on 24.8.1990. » Elevated to the Bench of the High Court of Gujarat
as an additional judge on 11.12.1997 and confirmed as permanent judge on
6.9.1999. Retired on 9.1.2010. » His outstanding verdicts in a division
bench include an important judgement where he upheld a trial court’s
verdict of acquittal of all those involved in the Best Bakery case of
2002 Gujarat riots and another judgement includes his striking down of
reinvestigation demand by Vitthal Pandya in his son Haren Pandya’s
murder case