Lokayukta office declines info under RTI on plaints against Justice Nayak

 The Lokayukta has refused to provide information sought under the RTI on the queries raised by Governor Vajubhai Vala on the complaints against Justice S R Nayak who has been recommended by the state government for the post of Lokayukta.

The Lokayukta office has rejected the RTI application on the grounds that the “information is not in public interest.” On the other hand, the state government is not responding, seeking a copy of the governor’s letter sent along with the file that was returned.

“The application was rejected saying the information sought by the Governor is not in larger public interest as per Section 8 (1) (e) of the RTI Act. However, the other subsection states that the application can be rejected if it relates to personal information and the disclosure of which would cause unwarranted invasion of privacy of the individual. Here again, the Act states that if the appellate authority is satisfied that the larger public interest justifies the disclosure of such information, it shall not be denied to the public,” Deepak C N of Samaja Parivartana Samudaya, an NGO, said.

On the government purposely withholding information, Law Minister T B Jayachandra said that Governor’s letter raising queries was being examined. “It is a long letter with a lot of queries. Our officials are still studying the letter to decide whether points raised by the Governor’s office can be replied or not. The letter is still with the Department of Personnel and Administrative Reforms (DPAR) and the decision will be taken soon,” he said.

The Lokayukta post has been vacant since December 2015, when Justice Y Bhaskar Rao resigned in the wake of the Legislative Assembly admitting a motion to remove him as Lokayukta. After much controversy over the selection process, the government recommended the name of Karnataka Law Commission chairperson Justice S R Nayak in February 2016. The government had forwarded the recommendation despite four members of the six-member selection committee opposing Justice Nayak’s name.

The Governor had written to several institutions, including the Lokayukta police and the Bangalore Development Authority, seeking information on the allegations against Justice Nayak in the purchase of properties in violation of rules. Finally, the Governor returned the recommendation raising certain queries on May 2, 2016. Certain social activists had filed applications with the Lokayukta police and the DPAR under RTI seeking the letters from Raj Bhavan.

BJP favoured Justice Sen

The selection committee comprising the Chief Minister, Chief Justice of the High Court S K Mukherjee, Assembly Speaker Kagodu Thimmappa, Council Chairman D H Shankaramurthy, leaders of the Opposition in both Houses, Jagadish Shettar and K S Eshwarappa had met had met on February 19, 2016. Siddaramaiah and Thimmappa proposed the name of Justice Nayak, while Justice Mukherjee, Shankaramurthy, Shettar and Eshwarappa recommended former Supreme Court judge Justice Vikramjit Sen’s name.