SHILLONG, Jan 21: The Thma U Rangli Juki (TUR) and KAM Meghalaya on Sunday declared that the appointment of retired personnel to the Directorate of Prosecution and Directorate of Investigation in the Lokayukta office was not done in accordance with the law.
“First and foremost, as stated in Section 10(2) of the Meghalaya Lokayukta Act 2014, a Directorate of Investigation and a Directorate of Prosecution are two distinct entities that are to be established within the Lokayukta,” TUR member Angela Rangad told The Shillong Times.
As per her statement, the government forwards a panel of names of serving officials to the Lokayukta for appointment as directors.
According to Rangad, the law also permits the creation of interim arrangements up until the directorates are staffed and established.
“However, how come contracts of three and five years, respectively, were made when there are no regulations to that effect? Additionally, how did the Lokayukta make these appointments?” Rangad questioned while adding, “The Lokayukta’s independence will be ensured by the Lokayukta acting transparently and independently and asserting his/her power as mandated by the law.”
She claimed that despite years of struggle over these clauses, the Lokayukta was weakened by being limited to one member and by not looking beyond retired officers and bureaucrats.
She also emphasised that the lack of checks and balances makes a single-member commission a risky idea.
A comparable diminution has occurred concerning the State Information Commission. The social activist added, “These initial appointments to the Directorates of Prosecution and Investigation are flagrantly unlawful.”
Rangad went on to say that the positions of Director of Prosecution and Director of Investigation cannot be held by the same individual, in this case retired IPS officer J Rymmai.
She claims that such a legal loophole will result in procedural errors that will undermine any subsequent case the Lokayukta presents in the court.
She regretted that the government is persisting in the legal error by designating a single individual as the Director of Investigation and Prosecution once more.
“It is important to raise voices to protect the autonomy of institutions like the Lokayukta, but this cannot be achieved through deliberate misinterpretation of the law and intellectual dishonesty that stirs up controversy without disclosing the actual facts to the public,” the TUR member stated.
“We demand that a strong and independent Directorate of Investigation and Directorate of Prosecution be set up as per law and that all illegal appointments done to date be terminated. We demand that the Lokayukta should be a multi-member body drawing persons from judiciary, civil society and others,” the social activist stated.
In the meantime, former Mawlai MLA, PT Sawkmie said that the Assembly floor, not the public forum, is the ideal location for MLAs to debate on any topic.
He advised the VPP MLAs to get ready to discuss the purportedly unlawful dismissal of Lokayukta officials in the house, particularly with the Assembly budget session scheduled for March.
“They shouldn’t be motivated by emotions as elected representatives,” he stated.
