The Centre today told the Supreme Court that the Lokpal selection committee, headed by the Prime Minister, was scheduled to meet two days later to set up a search panel for recommending a panel of names for the appointment of the anti-graft ombudsman and its members.
The government told a bench headed by Justice Ranjan Gogoi that the search panel would lay down its procedures, following which the selection committee would fix the time frame within which the names for selecting the chairman and members of the Lokpal would be recommended.
The committee comprises the Prime Minister, the Chief Justice of India, Lok Sabha Speaker, the leader of the largest opposition party and an eminent jurist.
The bench, which also included Justices R Banumathi and Navin Sinha, observed that since a meeting was scheduled on July 19, it would not pass any direction.
The apex court also expressed hope that the search panel would be constituted at the July 19 meeting and the selection committee would also consider laying down a time-frame for the search committee to complete its work.
"Let us start on an optimistic note and not on a negative note," the bench told Attorney General K K Venugopal, who was representing the Centre.
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"In the meeting on July 19, please consider trying to lay down a time frame within which norms would be laid down (by search committee)," the bench observed, adding it hoped that the names would be recommended expeditiously for appointment as Lokpal.
During the hearing, the court took note of the reservations expressed by Venugopal regarding the feasibility of selection committee completing its deliberations on constitution of the search panel in the meeting and also laying down a time frame before the search panel lays down its norms.
"We must express our opinion that the same observation ought not to come in the way of what we have stated," the bench said and posted the matter for hearing on July 24.
Senior advocate Shanti Bhushan and lawyer Prashant Bhushan, appearing for NGO Common Cause, handed over to the bench a note prepared by them in the matter which included a time-line of the case.
In its note, the NGO has urged the court to exercise its powers under Article 142 (which deals with enforcement of decrees and orders of Supreme Court) of the Constitution and direct the appointment of Lokpal in order to "protect and enforce the fundamental rights" of the citizens under Article 21 (protection of life and personal liberty).
The Centre, in its affidavit filed in the apex court, has said that two meetings of the selection committee were held on March 1 and April 10 this year.
It said that former Attorney General and senior advocate Mukul Rohatgi has been appointed as an eminent jurist in the selection committee after the post of eminent jurist was lying vacant since the death of senior advocate P P Rao on September 11 last year.
"The re-constitution of the selection committee is now complete and is functional to take the further steps towards making recommendations for appointment of chairperson and members of the Lokpal," it said.
Referring to the provisions of the Lokpal and Lokayuktas Act 2013, the Centre has said that selection committee would have to constitute a search committee for preparing a panel of persons to be considered for appointment of chairperson and members of Lokpal.
"For the constitution of the search committee, it has been decided to convene a meeting of the selection committee which has been scheduled for being held on July 19, 2018 at 6 PM at 7, Lok Kalyan Marg, New Delhi," it said.
The government has said that the search committee was to comprise of at least seven persons as per the provisions.
It has said that the selection committee would lay down a time period within which search committee shall be required to submit a panel of names for consideration by selection panel.
"The search committee will have to lay down its procedure. After knowing the procedure laid, the selection committee will fix the limitation of time within which the search committee will recommend the panel of names for selecting the chairman and members of Lokpal," the affidavit said.
The NGO, in its note submitted in the court, has claimed that the Centre was "dragging its feet" in the matter and has not given any time frame in its affidavit for appointing Lokpal.
The court was hearing a contempt petition filed by the NGO which has raised the issue of non-appointment of Lokpal despite the apex court's judgement of April 27 last year.
The top court had on July 2 directed the Centre to apprise it about the time-frame for the steps to be taken to appoint the Lokpal.
The apex court, in its last year's verdict, had said there was no justification to keep the enforcement of Lokpal Act suspended till the proposed amendments, including on the issue of the Leader of Opposition in Lok Sabha, were cleared by Parliament.
It had said the Act was an eminently workable piece of legislation and "does not create any bar to the enforcement of provisions".
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