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Haryana govt’s affidavit on Lokayukta draws flak

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Posted: Feb 16, 2008 at 0159 hrs IST

Chandigarh, February 15 A Public interest litigation filed by advocate HC Arora, challenging certain provisions of the Haryana Lokayukta Act 2002, which confer over-riding powers on the Haryana Chief Minister to appoint Lokayukta, came up for resumed hearing today.

Giving a rather ‘strange’ reply, the Haryana government in its counter-affidavit filed has stated, “The advocate is in the habit of filing writ petitions on different issues by terming it as public interest litigation. Since no public purpose is served by this writ petition, therefore, it is liable to be dismissed on this score.”

Taking note of the affidavit, Chief Justice Vijender Kumar Jain said, “What sort of stand is this? The affidavit is not in good taste. You don’t vet an affidavit before filing it?”

In reply to the query, the law officer stated that he had received it when he had come in the morning and would file a fresh affidavit. The case has been adjourned.

The petitioner had referred to the provisions in Section 3 (1) of the Haryana Lokayukta Act 2002 that says that the Lokayukta shall be appointed on the advice of the Chief Minister who shall consult the Speaker of Haryana Legislative Assembly leader of Opposition and the Chief Justice of India in case of appointment of a person who is or has been a judge of the Supreme Court or Chief Justice of a High Court.

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