New Delhi: Former Supreme Court judge Markandey Katju today questioned the power of the Supreme Court bench that appointed a retired judge of Allahabad High Court as the Lokayukta of Uttar Pradesh.
Writing in his blog "Satyam Bruyat", the retired SC judge said: "In a shocking order, a bench of the Supreme Court has appointed a retired judge of the Allahabad High Court allegedly close to the Samajwadi President, Mulayam Singh Yadav, as the U.P. Lok Ayukta".
Katju pointed out: "Under the Lok Pal and Lok Ayukta Act, only a committee consisting of the Chief Justice of Allahabad High Court, the Chief Minister and Leader of the Opposition can select the Lokayukta. How could the Supreme Court appoint him? How can the Supreme Court arrogate to itself the power of a statutory body?"
Katju wrote that the Supreme Court seemed to have acted under Article 142 of the Constitution, exercising its jurisdiction to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, but "if this novel interpretation of Article 142 is accepted, then what prevents the Supreme Court from appointing the President of India, the Prime Minister, Governor or Chief Minister?"
"Moreover what can be expected from a person allegedly close to Mulayam Singh Yadav? It is learnt that the Chief Justice of the High Court had suggested the name of Justice S. U. Khan, a retired judge known to be very upright, but obviously he would have been inconvenient to the U.P. government", wrote retired Justice Katju.
