The Hindu : CJI opinion not mandatory for Tehelka appointment

Online edition of India's National Newspaper
Monday, Dec 23, 2002

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National

CJI opinion not mandatory for Tehelka appointment

New Delhi Dec. 22. The Union Government may find it difficult to persuade a retired Judge of the Supreme Court to fill the vacancy created by the unceremonious exit of Justice K. Venkataswamy from the Tehelka probe panel as no judge is willing to put his name fearing future controversy.

The former Chief Justice of India, G.B. Pattanaik, has told the Government that he was been unable to find a ``suitable retired Supreme Court Judge'' for the post as the selection of a judge of Justice Venkataswamy's calibre and standing was ``criticised in certain quarters''.

``I consulted Justice Manoj Mukherjee and Justice K.T. Thomas, who I thought were suitable for the post of Chairman of the Inquiry Commission. But unfortunately both refused,'' Justice Pattanaik, who retired two days ago, told PTI.

``Having regard to the nature of criticism that was made in some quarters even with regard to the recommendation of the then Chief Justice of India, I refrain from making any recommendations,'' Justice Pattanaik said in his letter to the Law Minister few days ago.

The Chief Justice, S.P. Bharucha, had recommended Justice Venkataswamy's name for the Tehelka panel even when the latter was officiating as the Chairman of the Railway Rates Tribunal at Chennai. However, Justice Pattanaik left the choice of selecting the Chairman of the Tehelka probe panel to the Government saying it was not mandatory to take the CJI's recommendation in making an appointment of such nature.

In this regard, the Parliamentary Affairs Minister, Pramod Mahajan's statement that the Government would appoint the Chairman of the panel in 15 days' time assumes significance. However, Law Ministry sources said the Government was thinking of writing to the new Chief Justice of India, Justice V.N. Khare, requesting him to suggest the name of a retired Judge of the Supreme Court for the inquiry Commission.

Justice Pattanaik said ``it was on the basis of a convention that the CJI was requested to make a suggestion as he was the best person to know who would be the right person."

"However, it is not compulsory for the Government to take the opinion of the CJI for the appointment of a retired Judge to head the Commission of Inquiry,'' he said. The Government could approach the retired Supreme Court Judges on its own and find a suitable person to head the panel, he added.

The Commission is in a limbo for nearly a month with Justice Venkataswamy resigning from the post on November 23.

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