Fali Nariman opts out of Lokpal search panel, gives govt a jolt
TNN | Feb 28, 2014, 01.30 AM IST
NEW DELHI: In a setback to the government's efforts to expeditiously set up a Lokpal, noted legal expert Fali Nariman has declined to be on the search committee to shortlist likely members of the anti-corruption ombudsman expressing fear that deserving candidates might be overlooked.
Nariman's decision comes at a time when the Lokpal is still in an incipient stage and the jurist said he felt procedures being adopted by the selection process could end up overlooking the "most competent, independent and courageous of persons". The government had offered him a seat on the search committee on February 21.
The search committee is to recommend names to a selection panel headed by Prime Minister Manmohan Singh that will make the final appointments to the eight-member Lokpal. The selection committee also selects the search committee.
Nariman's decision comes at a time when the Lokpal is still in an incipient stage and the jurist said he felt procedures being adopted by the selection process could end up overlooking the "most competent, independent and courageous of persons". The government had offered him a seat on the search committee on February 21.
The search committee is to recommend names to a selection panel headed by Prime Minister Manmohan Singh that will make the final appointments to the eight-member Lokpal. The selection committee also selects the search committee.
The Lokpal process has already attracted controversy with leader of opposition in Lok Sabha Sushma Swaraj objecting to the PM-led panel's decision to name senior advocate P P Rao to the search committee on the ground that he was too closely aligned to the Congress.
Thereafter, a bid to name three serving additional solicitors general to the search committee is learnt to have generated some heat and discontent though the government is understood to have now abandoned the move in the light of criticism.
Thereafter, a bid to name three serving additional solicitors general to the search committee is learnt to have generated some heat and discontent though the government is understood to have now abandoned the move in the light of criticism.
In a statement on Thursday, BJP leader Arun Jaitley said, "Only government lawyers from the legal fraternity and a de facto Congress spokesman from amongst the media were proposed on the search committee. Sushma Swaraj did not agree to these names."
Sources said there was concern over the possibility of the selection committee considering senior judges as Lokpal members whose candidatures do not enjoy a broad consensus for merit and neutrality.
Sources said there was concern over the possibility of the selection committee considering senior judges as Lokpal members whose candidatures do not enjoy a broad consensus for merit and neutrality.
Nariman, in his letter to minister for personnel V Narayanasamy, said, "...this is no way in which an institution as vital and as important as the Lokpal is to be constituted... The chairperson and members of the Lokpal, as ultimately selected, may well be projected as democratically chosen by a broad consensus from amongst two levels of selectors (upper and lower), but it is precisely for that reason that I do fear that the most competent, the most independent and the most courageous will get overlooked."
Narayanasamy contested Nariman's claim, saying, "I would like to make it very clear. Transparent method has been followed. The process was followed very properly. As far as the selection of members of the search committee is concerned, Fali Nariman was one among the jurists who have been considered."
The opposition quickly latched onto the controversy, with Jaitley saying the government was violating procedures set out in the Lokpal Act to rush through appointments and pack the anti-corruption body with government nominees.
Jaitley said the procedure adopted by the government was "highly improper" and accused the department of personnel and training under the PM of diluting the role of the selection and search committees.
Insisting that the government will move ahead on setting up a Lokpal, Narayanasamy said, "Out of eight members, some have given their consent. The communication (consent) has been received by our department. We will go for the next process."
AAP leader Prashant Bhushan also joined issue with the government and said the party had warned about inadequacies of the Lokpal search committee right from the beginning. "The constitution of the search committee is flawed since three members including two from the ruling party and the leader of opposition have a vested interest in keeping the Lokpal weak," he said.
After Swaraj objected to Rao's appointment to the search committee, she had met President Pranab Mukherjee pleading for his intervention to bring about unanimity in the appointment of the panel member.
TRUTH SHALL ALWAYS PREVAIL
Milap Choraria: National Convenor : Movement for Accountability to Public (MAP)
http://milapchoraria.tripod.com/msp
Milap Choraria: National Convenor : Movement for Accountability to Public (MAP)
http://milapchoraria.tripod.com/msp
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