KOCHI: The Kerala government on Monday told the high court that the Lokayukta was a system with investigative nature and that it was neither a court nor a tribunal. The affidavit submitted by T Minimol, Under Secretary, Vigilance Department, on behalf of the Government, stated that the Lokayukta Amendment Act was not an encroachment on the powers of the Judiciary.

The government made this clear in its reply to a petition filed by RS Sasikumar, a native of Thiruvananthapuram, against the ordinance. A division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly adjourned the hearing till March 22 after the petitioner sought time to reply.

Things mentioned in affidavit

• The report and findings of the Lokayukta and Upa Lokayukta, under Section 12 of the Act were recommendatory in nature, while Section 14 of the Act made its declaration as mandatory and therefore, to rectify this contradiction, the ordinance was issued.
• If the Lokayukta reports that a complaint against a public servant will persist, he will not be able to continue in office. No other state has such a provision. Hence, the amendment was necessary.
• The argument that the Lokayukta amendment requires the prior approval of the President is not correct.
• The petitioner had lodged a complaint with the Lokayukta alleging political bias in providing assistance from the Chief Minister's Disaster Relief Fund. The argument that this is the basis for amending the law is merely imaginary. The amendment does not preclude the Lokayukta from considering this complaint.