The Supreme Court on Tuesday stated that it would not examine the dissent recorded by the Leader of Opposition (LoP) or assess the comparative merit of candidates appointed to the Central Information Commission (CIC).
The Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and NV Anjaria was hearing a petition concerning vacancies and appointments of the Chief Information Commissioner and Information Commissioners.
During the hearing, Advocate Prashant Bhushan pointed out that while the names of the selected candidates had been disclosed, details such as the shortlisted candidates, their qualifications and the dissent recorded by the LoP were not made public.
CJI Kant stated that the scope of the proceedings was limited.
“The scope of court proceedings was to fill the vacancies...We cannot have comparative cases here. It cannot be that we see that this person is better than this one appointed,” the Chief Justice said.
When Bhushan continued to press the issue, the Bench reiterated that it would not turn the hearing into an evaluative exercise.
“That kind of trial we cannot conduct here,” the Court said.
At the same time, the Chief Justice underlined the importance of the institution itself.
“This is a public centrist institution. We do not want a retiree’s haven also, remember. If the public is not coming forward, it ends."
Appearing for the Central government, Additional Solicitor General KM Nataraj informed the Court that the posts of Chief Information Commissioner and Information Commissioners had been filled and that the names of those appointed were already in the public domain. He submitted that any individual grievance could be pursued separately.
The Bench directed that a status report be filed in terms of its earlier judgments. It also took note of submissions regarding vacancies and pendency in several states, while reiterating that its present concern was to ensure that the commissions continue to function.
The matter will be listed after the status report is filed.
[Read a live account of the hearing]