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SC disapproves Centre’s response on appointment of Lokpal

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

CONTEMPT PETITION(C) No. 714/2018
IN
WRIT PETITION(C) No. 245/2014

COMMON CAUSE A REGISTERED SOCIETY Petitioner(s)

VERSUS

AJAY MITTAL Respondent(s)

(FOR ADMISSION )

Date : 17-07-2018 This petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE RANJAN GOGOI
HON’BLE MRS. JUSTICE R. BANUMATHI
HON’BLE MR. JUSTICE NAVIN SINHA

For Petitioner(s) Mr. Shanti Bhushan, Sr. Adv.
Mr. Prashant Bhushan, AOR
Mr. Rohit Kumar Singh, Adv.
Ms. Cheryl D’souza, Adv.
Mr. T. Sudhaker, Adv.

For Respondent(s) Mr. K.K.Venugopal, Attorney General
Mr. Maninder Singh, ASG (NP)
Mr. Ritesh Kumar, Adv.
Mr. V. Shyamohan, Adv.
Mr. Rohit Bhatt, Adv.
Mr. Mukesh Kumar Maroria, AOR

UPON hearing the counsel the Court made the following
O R D E R
We have perused the affidavit dated 11th July, 2018 filed by the Secretary, Department of Signature Not Verified Digitally signed by Personnel and Training in compliance of the Court’s NEETU KHAJURIA Date: 2018.07.17 18:13:32 IST Reason: Order dated 02.07.2018.

It has been stated that a meeting of the Selection Committee has been convened on 19th July, 2018 at 6.00 p.m. for the purpose of constituting the Search Committee which body is to recommend a panel of names for appointment of the Lokpal.

In the said affidavit it is further stated that once the Search Committee is constituted the said Committee will lay down the norms for selection keeping in mind the provisions of the Lokpal and Lokayuktas Act, 2013 and the Search Committee (Constitution, Terms and Conditions of appointment of members and the manner of selection of Panel of Names for appointment of Chairperson and Members of Lokpal) Rules, 2014 (for short, ‘2014 Rules’) and also the procedure to be followed in making its recommendations. It is only thereafter that the Selection Committee acting in accordance with the mandate of Rule 11 of the 2014 Rules would be able to fix a time frame for completion of the deliberations of the Search Committee. It is further stated that once the recommendations of the Search Committee comes to the Selection Committee further action will be taken.

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As the meeting of the Selection Committee is scheduled to be held on 19th July, 2018, we refrain from making any observations and passing any directions, save and except, to express our optimism that the Search Committee will be duly constituted in the said meeting in the course of which the Selection Committee would also consider the question of laying down a particular time frame within which the Search Committee is to complete its deliberations and make its recommendations to the Selection Committee.

A report of the outcome of meeting of the Selection Committee to be held on 19.07.2018 be filed before the Court on or before 23rd July, 2018.

In this regard we have taken note that the reservations expressed by the learned Attorney General with regard to the feasibility of the Selection Committee being able to complete its deliberations in one sitting and also the feasibility of the Selection Committee laying down a time frame for completion of deliberations of the Search Committee at this stage namely, before procedure and the norms are laid down by the Search Committee.

As we have taken note of the aforesaid objections/reservations of the learned Attorney General, we must express our opinion that the said objections/reservations, in our considered view, ought not to come in the way of what we have indicated above in the present order.

List the matter again on 24th July, 2018.

(NEETU KHAJURIA) (ASHA SONI)
COURT MASTER BRANCH OFFICER

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