‘Much time has elapsed’: SC pulls up Centre on delay in appointing Lokpal

Expressing dismay over the delay in appointment of the Lokpal or the anti-corruption ombudsman, the Supreme Court Friday asked the Centre to explain what steps it has taken in the past four months to fill the post.

“We may tell you much time has elapsed. Something needs to be done,” the bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul said. The top court asked attorney general K K Venugopal to file an affidavit by January 17 after he started reading out from a note.

Venugopal wanted to hand over the note containing details of the progress that has been made since September last year. But the bench declined to accept it. “Bring everything on record. Please file an affidavit,” the court said.

“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 said.

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

When Venugopal said several steps have been taken, the bench said: “What all have you done till date. So much time is being taken.”

Advocate Prashant Bhushan, appearing for the petitioner NGO, Common Cause, said the government had violated the Lokpal Act, under which the government has to make the names of the members of the search committee public. He asked the court to direct the government to reveal the names in its affidavit. Venugopal countered the submissions and said the names were there on the government website.

The top court had on July 24 last year rejected the Centre’s submission as “wholly unsatisfactory” and demanded a better affidavit within four weeks. The court was then told that the selection committee led by the Prime Minister had met on July 19 to deliberate upon the names for the search committee. Then CJI Dipak Misra and 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 chairperson, with experience in anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management, among others.

The search committee was finally constituted on September 27, 2018 and 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.