MUMBAI, JANUARY 27: The Bombay High Court has asked the Advocate General, C J Sawant to inquire into the steps taken by the State Governor vis-a-vis removal of the Lok Ayukta (Retired Justice) H N Kantharia, who is allegedly incapacitated since August 1997.
The direction came in response to a petition filed by Mohammed Yusuf Khatri who has urged for Mumbai Lokayukta, H N Kantharia’s removal due to prolonged illness and the resultant absence in office. The petitioner states that about 7,000 public interest complaints are pending in the Lokayukta’s office ever since Kantharia suffered a paralytic stroke. However, the records show that Kantharia has proceeded on a long leave. Khatri complained that although the state government is aware of Kantharia’s condition, he continues to hold post. Khatri has also alleged financial irregularities and signing of false affidavits to gain three residential accommodations against Kantharia. Besides alleging that the Lokayukta has abused the government’s housing schemes.
Senior counsel Rafique Dada defended the Lokayukta denied the charges and asked the petitioner to limit his plea to Kantharia’s removal due to ill-health. Dada said the Lokayukta Act necessitates an inquiry only through a High Court Chief Justice or a Supreme Court Judge. The inquiry report has to be tabled in the Parliament and only then can action be taken. Khatri’s petition will be heard on Thursday.