The proposed Lokpal, which the UPA is showing off as a trophy of its battle against corruption, is hobbled at the very start.
Former Supreme Court (SC) judge K T Thomas on Monday turned down the offer to head the Lokpal search committee. A few days ago, jurist Fali Nariman had also opted out of the panel.
"I went through the rules. Our committee, called the search committee, was to recommend names to the selection committee. The selection committee need or need not accept those names. So, it was not worthwhile," Thomas told PTI.
Asked whether Nariman's move played a role in his decision, Thomas said, "It was not for the same reason. It (Nariman's refusal) became a point to go through the rules whether it was worthwhile to be on the committee or not," he told PTI.
The search committee was formed by the selection committee as required by the Lokpal Act.
There was also trouble in the selection committee when it met to choose an eminent jurist as the fifth member.
The panel, comprising PM Manmohan Singh, Lok Sabha Speaker Meira Kumar, opposition leader Sushma Swaraj and senior SC judge H L Dattu, who represented the chief justice, failed to select the fifth member as there was no consensus.
While Singh insisted on P P Rao, Swaraj opposed it, saying Rao was not an eminent jurist. Singh had his way through a majority vote.
Former additional solicitor general Harish Salve told dna that the government move violates the statute. The Lokpal Act, he said, is very clear that the search committee will frame its own rules on choosing the Lokpal.
The government, he said, constrained the search committee by advertising for the post and laying down qualifications. The Department of Personnel and Training has already received 300 applications. "It has usurped the role of the search committee. Why do you need a search committee?" he said.
Senior SC lawyer Rajeev Dhawan said the government had committed two mistakes.
"First, it did not constitute the selection committee through consensus. To have its way through majority is an exercise in brinkmanship. The second is the government's attempting to do things in a hurry. If you do things in a hurry, you are likely to get them wrong," he said.
The search committee comprises former CEC S Y Qureshi, Lady Shri Ram College principal Meenakshi Gopinath, philosopher and educationist Mrinal Miri and journalist and Rajya Sabha member H K Dua.
Congress spokesperson and senior lawyer Abhishek Manu Singhvi said that, in a process like this, individuals are likely to reject the offer and this should not be seen a rebuff to the government.
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