LUCKNOW: After an extended fracas between the government and the high court over the selection of lokayukta , the two institutions are on the collision course once again – this time over the appointment of the legal remembrancer (LR).The post is vacant for the past three months and appointment has to be done on the recommendation of the high court. The HC recently sent one name which the government rejected and asked for a panel of names. The court is yet to send the panel.
About three months ago, the HC withdrew LR
Anirudh Singh. A few days before that he had ‘advised’ the state government for the amendment in the existing Lokayukta Act to end the role of the chief justice in the selection of the ombudsman. The government got
the bill passed through the house but governor
Ram Naik is yet to give his assent. Meanwhile, the government has reverted to the old system of lokayukta selection.
The LRs are appointed by the state government but names are sent by the high court who go to the state government on deputation. Ever since Anirudh Singh was withdrawn by the HC, the post of LR is lying vacant. The post of LR is very important for the state government as it is he advises the government on all legal matters. At present Abdul Shahad, who is additional LR, is officiating as the LR.
After Anirudh Singh’s removal, when the government asked for names from the high court, it sent only one name of RN Pandey to be posted as the LR. However, the state government rejected his name and asked for a panel of names. The HC has so far not sent the panel and is sticking to Pandey’s name only.
According to sources, in normal procedure, on the advice of the government, the high court sends names of probable candidates and the government appoints him. “Generally the LR is appointed after consultation between the government and the high court and the latter facilitates the appointment of an LR of the government’s choice,” says a legal expert.
But in UP, both the institutions are not ready to oblige each other. The recent controversy over the appointment of new lokayukta has soured the relationship between the two. Earlier, when the state government favoured the name of Justice Ravindra Singh, the HC rejected his name for his proximity with the ruling party. Finally, his name was rejected by the governor as well. This week when Justice Virendra Singh was appointed, the chief justice opposed his name and his swearing in has been deferred by the SC on a PIL.