The lokpal Search Committee turned headless on Monday after former Supreme Court judge KT Thomas went back on his decision to chair the panel. Thomas’ refusal caused more embarrassment to the Congress-led UPA Government which has been touting the anti-graft ombudsman as one of its key initiatives to tackle corruption ahead of polls.
Announcing his decision in a letter addressed to the Prime Minister, Justice Thomas punched holes into the credibility and effectiveness of the lokpal selection process that came as a major loss of face for the UPA Government.
The embarrassment became more pronounced as Justice Thomas hinted that his decision to go back on his consent was prompted after noted jurist Fali Nariman refused to be part of the Search Committee. “It (Nariman’s refusal) became a point to go through the Rules whether it was worthwhile to be on the committee or not,” said Thomas, who was a judge in the apex court from March 29, 1996 to January 1, 2002.
Justice Thomas explained: “The reason is when I went through the Rules, our committee which is 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 to have this Search Committee.”
Nariman had also refused to be part of the lokpal search panel, voicing fears that the best will be overlooked by the multi-layered procedure. The Rules require the eight-member Search Committee to prepare a panel of lokpal probables for the Selection Committee headed by Prime Minister Manmohan Singh. This committee also includes lok Sabha Speaker, leader of Opposition in lok Sabha, the Chief Justice of India or a judge of the apex court nominated by him, and an eminent jurist who could be nominated by the President or any other member.
Thomas wrote: “I wonder why there should be a Search Committee at all, much less, the arduous work to be undertaken by the members of such a committee when the Selection Committee itself can decide who should be the members of the lokpal. Moreover, the Search Committee could only consider those names forwarded to it by the DoPT.
This apart, Thomas pointed out: “The requirement of seeking applications from persons to be considered as members of the lokpal has already been widely criticized. No doubt, it would deter many deserving persons being brought within the ambit of consideration.”
The damning events stared the UPA Government hard in its face even as the main Opposition party BJP mounted an attack. Senior party leader Arun Jaitley, held the Government responsible for usurping the power of the Search Committee. Jaitley tweeted: “Why are top legal luminaries resigning from the lokpal Search CommitteeIJ The Government, through DoPT, has usurped the power of the Search Committee.”
BJP spokesperson Prakash Javadekar said: “The Congress wants to appoint a lokpal while they are in power as their cases will go to the lokpal. They want to do it now so that they can get some relief. But it is clear that no one likes the manner in which it is being done.”
However, even in the midst of severe criticism, the Congress put on a brave face. Congress spokesperson Abhishek Manu Singhvi said: “Where is the question of the Government being embarrassed.” He explained that the Search Committee being a statutory body, every position on this has to be filled. “Giving or not giving consent cannot be linked to the Government. These are private decisions. People can say “yes” or “no” for many reasons. How can you blame the Government for this,” Singhvi said.
The lokpal and lokayuktas Act, 2013 provides for establishment of a lokpal for the Union Territories and lokayuktas for the States to enquire into corruption charges against public functionaries. The Centre had already got nominations from various individuals for becoming its chairperson and members.