SHILLONG: The High Court of Meghalaya will hear a petition on Monday moved by the state government challenging the decision of the Meghalaya Lokayukta to order a CBI probe into the coal racket besides transferring state government officials.
Earlier on Friday, the government, through its counsel, had filed the petition but there was confusion as to who will be made a party to the case.
Sources said that Meghalaya Lokayukta was not made a party to the case and instead, the government is fighting the case against Abhijit Basumatary, who had moved a petition before the Lokayukta regarding the coal scam.
In his order on February 3, the chairperson of Meghalaya Lokayukta, PK Musahary, had taken exception to reducing the anti-graft panel as a state body.
The argument of the state government was that since Meghalaya Lokayukta is under the state, the government has to give nod for CBI probe and the Lokayukta cannot order any investigation by the central investigation agency.
However, in the February 3 order, the chairperson of the Lokayukta had said that if the state is given a freehand, there will be a chance of pick and choose in giving consent or approval by the state for making preliminary inquiry through central investigation agencies in corruption cases.
The state government is banking on Delhi Special Police Establishment Act to challenge the order of the Meghalaya Lokayukta to have a CBI probe into corruption cases in Meghalaya.
However, there is confusion over the provisions in the Meghalaya Lokayukta Act as in one chapter, there is a mention about special agency which can take up the corruption cases and in another chapter, there is a reference to state police which can deal with the probe.
Earlier, in his order, the Lokayukta had said there is no dispute that as per the provisions under the Central Act, the Lokpal at the Centre and the Lokayuktas at the states are constitutional bodies.
They have constitutional status with authorities to receive complaints, adopt mechanism and supervise the inquiries in the matter of corruption.
“There is no logic in requiring the constitutional authorities like Lokayuktas to seek permission or consent from the state government for extension of the provisions under the Delhi Special Police Act and seeking approval or consent of the state government for ordering or referring the complaint on corruption to the CBI”, he had said.
Musahary had pointed out that if the Lokayukta has to function as desired by the government, the independence of the independent authority and its functioning would stand curtailed because the Lokayukta would be able to take up the complaints of corruption as desired by the state only.
