The process of selection of a national anti-corruption ombudsman suffered yet another setback when KT Thomas, who headed the search committee for the nine-member Lokpal, withdrew from the search committee.
Immediately after reports of the former Supreme Court judge’s withdrawal became public, the BJP demanded that the selection process be scrapped till after the elections.
Thomas wrote a letter to Prime Minister Manmohan Singh, expressing his unwillingness to participate in the panel. His reasons for quitting are similar to the ones given by eminent jurist Fali S Nariman, who too has recused himself from the committee saying “the current selection process would overlook the most competent, the most independent and the most courageous.”
Thomas maintained the selection process is such that it would “deter deserving persons”.
No independent search “When I went through the Rules I have come to realise that the work of the search committee is to pick out names of persons from the list provided by the Central Government (Department of Personnel and Training). The search committee cannot make any independent search to find out the most deserving persons to be included in the panel. Once the search committee gives the panel, it is for the selection committee to select the persons for appointment as members of the Lokpal. In doing so the selection committee is not bound to take any one from the panel prepared by the search committee as could be discerned from the second proviso to Section 4(3) of the Act,” he said.
“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 on who should be the members of Lokpal. That apart, the requirement of seeking applications from persons to be considered as members of Lokpal has already been widely criticized. No doubt, it would deter many deserving persons being brought within the ambit of consideration,” he added.
Entirely contrary Responding to Thomas’ letter, Leader of Opposition in the Rajya Sabha Arun Jaitley told Business Line the entire process ought to be scrapped. “The Government has framed rules that are entirely contrary to the Lokpal and Lokayukta Act passed by Parliament. The Department of Personnel and Training has usurped the powers of the selection committee as well as the search committee. The process of selection has been totally vitiated and eminent jurists have withdrawn from it,” he said.
Jaitley said he had pointed out the contradictions in the rules in different letters to the Prime Minister but the Government simply went ahead.
“It is regrettable that the outgoing UPA government is in a terrible hurry to make appointments on the eve of elections. For this purpose, it is cutting short procedures in order to ensure that an appointment is made.
“In the process, both legislative provisions and propriety are being violated. Now that these improprieties are being pointed out by almost everyone of eminence who associated with the process in good faith, it is time that the government shelves the process and waits for the elections to get over,” he said.