New Delhi:
Chief Minister Sheila Dikshit on Wednesday met President Pranab Mukherjee in connection with the Lokayukta indicting her for alleged misuse of public funds on an ad campaign even as she accused the ombudsman of going beyond his jurisdiction in the case.
The Chief Minister said the Lokayukta did not have jurisdiction to take up the matter as it dealt with campaign for assembly elections and that the Election Commission was the right forum to examine such an issue.
"Whatever the Lokayukta has done in the latest case is outside the laid down rules and regulations as well as tradition. It was a case of 2008. Why he has taken it up now," Ms Dikshit said.
"If a political party or politician flouts any rule (in the run up to the election), then it comes under the domain of the Election Commission. Not under Lokayukta. The Election Commission should examine it," the Chief Minister said in an interaction at the Indian Women's Press Corps (IWPC) here.
In strong reaction to Ms Dikshit's accusation that he does not have a jurisdiction over the matter, Justice Manmohan Sarin told PTI from the US that in January 2010 he had in an order said that as per provision of the legislation, the Lokayukta has jurisdiction to probe the matter.
"The issue was raised during the inquiry and an order was issued in which it was said that the Lokayukta has jurisdiction to probe the matter. The Chief Minister never challenged the order of January 14, 2010. Then why she is raising the issue now," he said.
Lokayukta Justice Manmohan Sarin had last week indicted Ms Dikshit for allegedly misusing public funds on an advertisement campaign to get political mileage ahead of last assembly polls and recommended recovery of Rs 11 crore either from her or Congress.
The Lokayukta had recommended to President Pranab Mukherjee to administer "caution" to Ms Dikshit for the alleged misuse of public funds for a series of advertisements carried out in print and outdoor media in 2007-08 with punchline "Delhi is changing".
Asked whether she will return Rs 11 crore as recommended by the Lokayukta, Ms Dikshit chose not to reply.
The Chief Minister said she met the President and took up the matter with him. Ms Dikshit said the President is yet to receive the Lokayukta recommendation.
The Lokayukta had initiated the inquiry into the matter following a complaint filed in 2009 by Vijender Gupta, former Delhi BJP President.
Mr Gupta had alleged the government machinery, particularly the Department of Information and Publicity, was instructed to make an elaborate plan to project the Chief Minister in a positive light to gain advantage during election and overcome the anti-incumbency factor.
"The pattern of advertisements published by the government of Delhi and the Congress Party clearly establishes a proximate and inextricable nexus between the two," said the Lokayukta while referring to advertisements carried out by Congress party as well.
"The advertisements issued by the Delhi government on a particular subject, over a period of time in the election year culminated in Congress Party advertisements on the same subject. Both were published in the election year....there is a clear synergy and synchronisation between the advertisements issued by the Government and those by the Congress Party," the order said.
The Lokayukta also recommended to the President to direct the government to frame guidelines for publication of government advertisements to prevent misuse of public funds in future.
In the order, the Lokayukta favoured specific norms for publication of photographs of national leaders of political parties in government advertisements to discourage developing a "personality cult" or "advancing political interests".
The Lokayukta said Ms Dikshit kept a strict control over all the advertisements issued by various departments of Delhi Government and "was thus directly responsible therefor".
"A Delhi Government circular mandated approval of all advertisements by the Chief Minister and disciplinary action for violation thereof," the order said.
An article titled "Sheila Ki Campaign Ranniti" authored by Uday Sahay, the then Director of Information and Publicity Department, had disclosed the strategy devised by Chief Minister and her department to make an elaborate campaign to overcome the anti-incumbency factor for her and to project the Chief Minister and help her win the election in 2008, the Lokayukta said.
Justice Sarin said the article was published in a newspaper on June 29, 2009.