What is Modi really scared of?

Guj Has Weakest Lokayukta Act

Ajay Umat | TNNAhmedabad:

Gujarat Lokayukta Act does not provide for any strong action against corruption, unlike BJPruled Karnataka
where former chief minister BS Yeddyurappa had to resign and face charges of corruption. In fact, Gujarat has the weakest law in the country and legal experts call it virtually toothless.

Under section 7 of this Act, the lokayukta can inquire into allegations of corruption against public functionaries, including the chief minister, ministers and bureaucrats. But the catch is in section 12 of the Act where, even if the lokayukta comes to prima facie conclusion that the CM has committed an act in conjunction with any other public functionary which is tainted or lacks integrity, the only action it can take is to file a report to the CM.

On receipt of the report, the CM shall cause the same to be placed, without delay, before the council of ministers. One may find it shocking that that the cabinet may decide to sit on the report endlessly and, if needed, table it in the assembly with an action taken report (ATR), like it is normally done with the Comptroller and Auditor General (CAG) report.

This has happened in the past with a former chief minister, who was prima facie found guilty by then lokayukta for illegal tree felling in south Gujarat, was never prosecuted even though the forest officers had reportedly confessed that he had prevented them from taking action against the culprits.

In comparison, the Karnataka Lokayukta Act, 1984, is very strong and effective. It reads: “Where, after investigation into the complaint, the lokayukta considers that the allegation against a public servant is prima facie true and the declaration is accepted by the competent authority, the public servant concerned, if he is a chief minister or any other minister or member of the state legislature, shall resign his office..."

Even though the Gujarat Lokayukta Act,1986, can do nothing to a chief minister, the Gujarat government is hiring top-most legal eagles to challenge the appointment of Justice (retd) RA Mehta as lokayukta in the Supreme Court. The reason? It appears that Modi is afraid that a lokayukta indictment may become a political bombshell and mar his chances of moving to the “next orbit”. Having supported Anna Hazare in pitching for a strong Lokpal, Modi fears public opinion and not the lokayukta per se.
JD(U) plays down
Gadkari remark backing Modi as PM
New Delhi:NDA ally JD(U), which has been distancing itself from Narendra Modi, on Monday refused to attach any significance to BJP president Nitin Gadkari’s remarks favouring the Gujarat chief minister as party’s prime ministerial candidate for the 2014 Lok Sabha elections. “2014 is far away. By then much water would have flown in the Ganges. Let us see what happens in future,” party chief Sharad Yadav told reporters here. Asked whether his party has no objection to projection of Modi as prime ministerial candidate of BJP, Yadav merely said, “Everything is there in the reply that I have given.” PTI