So Whose Law Is It Anyway?

Neither Madhya Pradesh's governor Bhai Mahavir nor the state Lok Ayukt, Justice Faizanuddin, are friends of Chief Minister Digvijay Singh. Despite that promising link, the two have fallen out in an ugly turf war where they should have logically been joining forces. The issue, though high profile, seems simple enough: the submission of a report about the CM's misuse of office. With both the governor and the judge exchanging angry letters, dripping with indignation and a pointed sarcasm not usual in official missives, a legal issue has taken on shrill political overtones.

The source of the acrimony is the governor's belief that the Lok Ayukt is dragging his feet over submitting the Digvijay report to him. The case, examined by the one-man quasi-judicial body, involves Digvijay's allotment of prime land in Indore to the newspaper Nai Duniya, run by his good friend Abhay Chajlani. The chief minister is ostensibly guilty of outright favouritism and bending of rules.

A one-acre piece of plum property in central Indore was allotted to Nai Duniya by Digvijay in 1996 for as little as Rs 5 lakh despite objections from the finance department and without cabinet approval. The revenue department had valued the land at Rs 3.48 crore. Even the annual lease was fixed at Rs 37,500 against an actual value of Rs 26 lakh. The deal gained importance as it seems the only instance where Digvijay could be held personally liable, having signed the relevant file. Subsequently, a case was filed in the Indore bench of the MP high court by Prakash Chand Jain. The Lok Ayukt seized the matter in '97 and began investigations.

The problems arose when the governor, ever since his appointment, started pushing for an early report. Finally, this led to rather terse notes being exchanged between Bhai Mahavir and the Lok Ayukt. The first of these notes, dated April 29, came from the Raj Bhavan: "I am somewhat dismayed that till date I have not heard anything further in this matter. The need to carry out a crusade against corruption in high places can hardly be over-emphasised.... It would be presumptuous on my part to dilate upon what the situation expects of us. It is imperative that complaints against persons occupying high positions are dealt with on a priority.... I am compelled to take up this matter with you in the hope that the enquiry will be concluded and the report submitted to me expeditiously." Faizanuddin's response came on May 5: "Your letter, in fact, has caused me great anguish because of its tone and tenor, which according to me is certainly not of a good taste.... The governor's office is not supposed to function as a monitoring authority of this organisation and to entertain such an idea would be a dilution of its authority and independence..."

Strangely enough, both the governor and Justice Faizanuddin are widely respected for their uprightness. Indeed, the judge has repeatedly put the state government in the dock by nailing public servants for their corrupt practices. Four ministers of Digvijay's cabinet in his last term as chief minister had to resign after the Lok Ayukt indicted them in a land scam. Since a report related to any public office has to be submitted to "the competent authority'' under section 12 (1) of the MP Lok Ayukt Act, the report against the ministers was submitted to the chief minister who rejected it. But justice was served when the governor sought legal advice and gave permission for the prosecution of the ministers.

But with the Digvijay case, all that past 'cooperation' between the two in weeding out corruption from public life has gone to waste. For his part, Justice Faizanuddin blames the "undue interference'' by the governor that arose "because of his own hidden agenda". The governor, a BJP appointee, is alleged to be in a hurry to push through his gubernatorial sanction to prosecute Digvijay Singh based on the Lok Ayukt's report. Justice Faizanuddin's stand is that he will only release his findings in the annual report of the Lok Ayukt.

Bhai Mahavir's response (dated May 13) to the terse letter from the judge was even more caustic than his first: "You have thrown all norms and decency and courtesy to the winds. I was amused at your description of my letter as 'not in good taste'. Your own reply presumably, presents an instance of good taste. You are of course at liberty to have your own idea of what constitutes 'good' or 'bad'." The letter goes on to reiterate that the Lok Ayukt was bound by legal provisions to submit the report as asked by the governor. "I call upon you to submit your report to me as provided in section 12a of the Act without any further delay."

Justice Faizanuddin saw a thinly-veiled threat in the letter and appeared most upset. But he stuck to his guns and sent off another missive (dated May 22) to the governor: "Your letter came as a shock to me, the same being extremely provocative, surpassing all limits of healthy precedents and traditions expected from a high office." The judge also let it be known that he was not amused by the governor questioning his reading of the Lok Ayukt Act. "In my earlier letter I have raised some basic issues. Instead of delving into them you chose to browbeat me in a school masterly fashion (Bhai Mahavir was a teacher) which is unfortunate. I have not become Lok Ayukt of Madhya Pradesh just from anywhere. I have more than 45 years of legal background which includes about 16 years as a high court judge and more than three years as a judge of the apex court of the country. If anyone feels that I am yet to learn the basics of law...he is living in his own paradise." The judge also observed that he had "moved in much better societies than many others and need not be taught the basics and first lessons of norms, decorum and decency." He also implored the governor to"reserve your knowledge and energy for sermons on decency to be addressed in a classroom where you may probably receive some applause."

According to sources, what has irked Bhai Mahavir the most is the fact that despite all the pressures put on the Lok Ayukt, the judge did not even yield an inch. And Faizanuddin's letter had underscored precisely that: "You seem to be labouring under the false notion that I can be subdued in this manner and that you have a right to dictate to me. Please be sure that nobody can take the liberty to address me in such a tone and tenor with a veiled threat. In the past I had to deal with, and have interacted with, quite a few honourable governors, some of whom are my friends, but thank god I never had the misfortune of receiving such a raw deal from any of them."

Now, the Lok Ayukt report is expected to be out in a week's time and will be placed in the Assembly. Digvijay's camp asserts that legally he's in the clear as there's a precedent established by all previous chief ministers of allocating land to newspapers at subsidised rates. Yet the Lok Ayukt has come down heavily on the state government and some cabinet ministers. And while legal eagles believe that should the report indict Digvijay it would spell trouble, the CM's aides seem confident that he has escaped by the skin of his teeth.