The petition filed by one Bhikhabhai Jethva in September came up for hearing before the division bench of justices Akil Kureshi and Sonia Gokani.
Kureshi said till the decision on the appointment of Gujarat Lokayukta was not taken, the petition on contempt of court cannot be heard and adjourned the matter till December 19.
Jethva's advocate A J Yagnik had filed a petition seeking contempt of court proceeding against Modi for writing a letter to Prime Minister Manmohan Singh on appointment of Lokayukta in September and getting it published in the media when the matter was sub-judice as the government had challenged the appointment in the high court.
The petition was heard together with other petitions on Lokayukta, but following the split verdict on appointment of the Gujarat Lokayukta on October 11, the petition is now heard independently.
After the split verdict, the matter was being referred to the third judge for final decision by the Chief Justice.
While Justice Kureshi had upheld the decision of Governor Kamla, Justice Gokani had quashed the warrant of appointment issued by her terming it unconstitutional.
On August 25, the governor bypassing the Narendra Modi- led government, appointed retired justice R A Mehta as the state Lokayukta, a post which was vacant since 2003.
Aggrieved by this, the state government challenged it in the high court on the same day contending that the governor's decision was "unconstitutional and unilateral".
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