BHOPAL, Jan 12: Madhya Pradesh Lokayukta in Jabalpur High Court has justified the action of State Governor Bhai Mahaveer in overruling the State Cabinet and granting permission for the prosecution of two former Congress ministers in the Indore Development Authority (IDA) case.In its lengthy reply, the Lokayukta, currently headed by retired Supreme Court judge Justice Faizanuddin has submitted that the denial of a permission by the Cabinet to prosecute Rajendra Kumar Singh and B R Yadav, both former ministers in the Digvijay Singh ministry in the Indore land case was "arbitrary and biased with a view to shield and protect their own colleagues and associates in the ministry".Claiming that "it is not disputed that the council of ministers declined to accord sanction even though there was enough material on record to prima facie conclude that there are enough grounds for prosecution of the ministers and others", the Lokayukta argued that the Governor was right in overruling the Cabinet."The matter waserroneously referred to the council of ministers in as much as in matters like the one in hand, no aid and advice of the council of ministers is required by the Governor," Justice (Rtd) Faizanuddin argued, submitting that "the Hon Governor takes independent decision in such matters and it is within his discretion alone to decide whether or not to accord sanction for prosecution."The cases, filed by the two accused, challenging the sanctioning of the prosecution by the Governor is being heard today in the High Court by Justice C K Prasad. Attorney General of India Soli Sorabjee is appearing for the Lokayukta.
