The selection of the country's first Lokpal now rests with the high-powered committee, headed by Prime Minister, as the Centre informed the Supreme Court on Thursday that the task of preparing a panel of names is finished.
With the Centre facing contempt proceedings for not appointing Lokpal despite having a law in place since 2014, a bench, headed by Chief Justice Ranjan Gogoi, asked the Centre to set a date within the next 10 days when the committee would meet and decide on the panel of names prepared by the search committee.
Other than the PM, the committee comprises Lok Sabha Speaker, Leader of the largest Opposition party in Lok Sabha, Chief Justice of India or his nominee, and eminent jurist Mukul Rohatgi. Since all functionaries hold high posts, Attorney General KK Venugopal told the bench that getting a common date would be difficult.
But the bench, also comprising Justices S Abdul Nazeer and Sanjiv Khanna, insisted that the Department of Personnel and Training (DoPT), being the nodal Ministry under the Lokpal and Lokayuktas Act, 2013, should decide a date after talking to all necessary parties.
Venugopal, appearing for the Centre, showed a letter by the Lokpal Search Committee Chairperson Justice (Retd) Ranjana P Desai, a former judge of the SC, giving details of the panel of names shortlisted for selection as Chairperson and Members (both judicial and non-judicial). While a panel of five names were suggested for the job of Chairperson, three names each were sent for Member (Judicial) and Member (Non-Judicial).
This followed an earlier order, passed by the apex court, setting a February 28 deadline for the search committee to recommend names.
Venugopal said that he received the letter on February 28, although the names were not made public.
The petitioner, NGO Common Cause, led by advocate Prashant Bhushan, stated that the scheme of the Act required transparency to be maintained in the selection of Lokpal. As per this, he demanded that the list of shortlisted candidates be made public on the DoPT website. But the bench rejected the demand. It said, "As and when the selection committee will choose the persons, you will come to know."
Moreover, the top court did not accept the concept of transparency as indicated by the petitioner. In a given case, transparency could mean giving a reasoned order or making the criteria for selection public, the bench remarked. Attorney General maintained that doing so would open a pandora's box. Posting the matter after 10 days, the bench said, "The matter (to disclose the names) should be left for a just determination by the Selection Committee as and when the meeting of the committee is convened."
Nothing to hide
- The petitioner stated that the scheme of the Act required transparency to be maintained in the selection of Lokpal
- As per this, it was demanded that the list of shortlisted candidates be made public on the DoPT website
- But the bench rejected the demand. It said, “As and when the selection committee will choose the persons, you will come to know.”
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