Thiruvananthapuram: It has now come to the notice that the controversial amendment to the Kerala Lokayukta Act now being pushed aggressively by the Pinarayi Government through an ordinance was unanimously rejected by the State Assembly after lengthy discussions in 1999.
The amendment clause that states the government can either accept or reject Lokayukta verdict had found a place in the draft of the original Bill in 1999. This clause, which was rejected by the then Chief Minister EK Nayanar and Law Minister E Chandrashekharan Nair, is now being reintroduced by Chief Minister Pinarayi Vijayan and Law Minister P Rajeev.
In the discussions that followed after the tabling of the new Bill on February 1, 1999 to replace Kerala Lokayukta Ordinance 1998, both the treasury and Opposition MLAs criticised the controversial 13th clause contained in the draft law. This clause spelt out that the State Government or the Governor or the Chief Minister had the right to either accept or reject the Loyakuta's verdict in corruption cases against public persons or officials.
The Opposition United Democratic Front had then opposed the "rejection part" of the clause during the Assembly discussions and at the Subject Committee meeting. The then Law Minister Chandrasekharan Nair told the Subject Committee meeting that he was not in a position to take a decision on his own on the matter.
On February 22, on the day of clause-wise discussions, ruling CPM members Anathalavattom Anandan and G Sudhakaran joined UDF MLAs KM Mani, TM Jacob and Aryadan Mohammed in criticising the controversial clause. The then Speaker of the Assembly M Vijayakumar intervened and asked the government to keep the 13th clause in abeyance.
WIth the allegation flying thick and past that the move was meant to make Lokayukta powerless, Chandrashekharan Nair, after holding consultations with Nayanar and others, finally informed the Assembly that the controversial clause would be deleted from the Bill. The clause that the government is liable to accept the Lokayukta verdict was then included in the Bill through an official amendment moved by the Law Minister.
But now, the CPM and the Left Democratic Front (LDF) government of Pinarayi Vijayan are advocating that the clause stating that the government should accept the Lokayukta verdict is unconstitutional. But in 1999, none from the CPM had raised such an opinion. In fact, Nayanar had then argued that the law should be made more stringent to give it more teeth.
Many in the LDF camp are now raising apprehensions over the intention of the government in hurriedly bringing to the fore the same clause, which was once rejected by the Assembly, through an ordinance. The UDF had also put before the Governor the question whether such an ordinance needed the assent of the President.
Kanam says no discussions held
CPI State secretary Kanam Rajendran said no proper political discussions were held inside the LDF over the Lokayukta Act amendment.
He said the civil society and others who study the issue were not convinced about the introduction of an ordinance when the Assembly session is about to begin.
Kanam said that had it been introduced as a Bill in the Assembly, everyone should have got an opportunity to express their views on the matter.
The denial of such an opportunity led to the present controversy, he added.
