January 17, 2019:

CJI Gogoi told Bhushan to “look at things positively.”

The Supreme Court on Thursday asked the search committee on Lokpal to recommend the panel of names for the appointment of the first anti-corruption ombudsman of the country by the end of February.

A bench headed by Chief Justice Ranjan Gogoi also had a bit of advice for Prashant Bhushan, who is representing the petitioner, NGO Common Cause. CJI Gogoi told Bhushan to “look at things positively” as he raised doubts over the selection process & working of the search committee.

“Don’t look at things from a negative point of view. Look at things positively & the world would be a better place. We are trying to make the world a better place,” Chief Justice Ranjan Gogoi told Bhushan.

However, Bhushan kept expressing his apprehension. “But we don’t know what’s happening,” he said.

CJI Justice then remarked: “You know everything, Mr Bhushan. At least more than the judges.”

A bench, also comprising justice LN Rao & justice SK Kaul, directed the Centre to provide the search committee with the requisite infrastructure & manpower to enable it to complete its work. The panel is headed by former top court judge justice (retd) Ranjana Prakash Desai.

Attorney general KK Venugopal, appearing for the Centre, informed the bench there were certain problems like lack of infrastructure & manpower due to which the search committee was not able to hold deliberations on the issue. The bench said it would hear the matter again on March 7.

Earlier in January, the top court had expressed dismay over the delay & asked the Centre to explain the steps it had taken in the past four months to fill the post. The bench of Chief Justice Ranjan Gogoi & Justice Sanjay Kishan Kaul had asked attorney general KK Venugopal to file an affidavit by January 17.

“We request the learned attorney general to ensure that the steps taken till date is brought on record by means of an affidavit of the competent authority which shall be filed within two weeks from today,” the court had said on January 4.

The Lokpal & Lokayukta Act, 2013, or the law to constitute India’s first anti-corruption ombudsman got the assent from the President on January 1, 2014. It was notified on January 16, 2014, but the appointment has been delayed for one reason or the other.

The top court had on July 24 last year rejected the Centre’s submission as “wholly unsatisfactory” & demanded a better affidavit within four weeks. The court was then told that the selection committee led by Prime Minister Narendra Modi had met on July 19 to deliberate upon the names for the search committee.

Then CJI Dipak Misra & Lok Sabha speaker Sumitra Mahajan had attended the meeting. Congress leader Mallikarjun Kharge, who is the leader of the largest opposition party, declined to attend the meeting.

The selection panel also took note that the search committee is to comprise a minimum of seven people, including the chairperson, with experience in anti-corruption policy, public administration, vigilance, policy making, finance including insurance & banking, law  &management, among others.

The search committee was finally constituted on September 27, 2018, & former Supreme Court judge Ranjana Prakash Desai was nominated to head it. This panel has to recommend the names to the selection panel for the appointment of Lokpal.

Social activist Anna Hazare has said he will go on a hunger strike from January 30 against state governments at his village in Ralegan Siddhi in Maharashtra’s Ahmednagar district if the Lokpal & Lokayuktas Act, 2013, is not implemented. He said both the Houses of Parliament had passed the bill in December 2013 & it was enacted on January 1 2014.

“But the Centre is not implementing the Lokpal Act. As per the Act, the states were to bring the Lokayukta Act within a year. But the states have not yet brought the Lokayukta Act. Hence, I will stage a protest in Ralegan Siddhi seeking the law in Maharashtra,” a statement quoted Hazare as saying.

Hazare had earlier announced he would launch a hunger strike on October 2, 2018, in his village over the non-appointment of Lokpal at the Centre & Lokayuktas in states. He withdrew the proposed protest after the Maharashtra government assured to look into his demands. Source Link

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