Thma U Rangli-Juki (TUR) and KAM Meghalaya have described the appointment of retired personnel to the Directorate of Prosecution and Directorate of Investigation in the Lokayukta office as contrary to law.
“First and foremost, as stated in Section 10(2) of the Meghalaya Lokayukta Act 2014, a Directorate of Investigation and a Directorate of Prosecution are two distinct entities that are to be established within the Lokayukta,” TUR member Angela Rangad said.
As per her statement, the government should forward a panel of names of serving officials to the Lokayukta for appointment as directors. Until these directorates are properly staffed, the law permits the creation of interim arrangements, she added.
“However, how come contracts of three and five years, respectively, were made when there are no regulations to that effect? Additionally, how did the Lokayukta make these appointments?” Rangad questioned, adding, “The Lokayukta’s independence will be ensured by the Lokayukta acting transparently and independently and asserting his/her power as mandated by the law.”
She claimed that the Lokayukta was weakened by being limited to one member and by not looking beyond retired officers and bureaucrats. Rangad also asserted that the lack of checks and balances makes a single-member commission a risky idea.
Rangad went on to say that the positions of Director of Prosecution and Director of Investigation cannot be held by the same individual.
She claims that such a legal loophole will result in procedural errors that will undermine any subsequent case the Lokayukta presents in the court.
She regretted that the government is persisting in the legal error by designating a single individual as the Director of Investigation and Prosecution once more.
“It is important to raise voices to protect the autonomy of institutions like the Lokayukta, but this cannot be achieved through deliberate misinterpretation of the law and intellectual dishonesty that stirs up controversy without disclosing the actual facts to the public,” the TUR leader stated.
