Hindustan Times ST (Mumbai)

Earlier views don’t have impact on panel appointmen­ts, says SC

- Abraham Thomas EXPERT COMMITTEES

NEW DELHI: The Supreme Court on Tuesday seemed to be responding to criticism over the compositio­n of the panel it appointed to weigh in on the contentiou­s farm laws by observing genericall­y, and in an unrelated case, that it isn’t improper to pick someone for a court-appointed committee just because they have previously expressed an opinion on the issue to be considered.

On January 12, the court named four people to a committee it wanted to look at the farm laws, a move that immediatel­y drew flak on account of the fact that all four had previously expressed support for the reforms in question.

Indeed, the criticism was strong enough for one of the members to withdraw from the panel. Interestin­gly, the court’s observatio­n came a day before it is scheduled to hear an affidavit seeking the removal of the three other members of the panel on account of bias.

On Tuesday, while hearing an unrelated case, Chief Justice of India SA Bobde said “there seems to be a misunderst­anding of law” regarding compositio­n of committee members.

“When we appoint a Committee and we find the members have expressed their opinions on the subject, they are still entitled to continue.”

He went on to elaborate: “Speaking in general, people are expected to be intelligen­t and informed. You are entitled to give your view. There is lack of comcrimina­l

prehension about the compositio­n of a committee. This is not a situation where somebody alleges bias towards a person whose relative

is a beneficiar­y.”

The Court’s comments came in a suo motu proceeding related to inadequaci­es and deficienci­es in trials following the lockdown. Senior advocate Sidharth Luthra was part of a three-member committee constitute­d by the court to examine the rules framed by various High Courts and recommend changes in rules to facilitate early disposal of criminal trials. He assisted senior advocate R Basanth and advocate K Parmeshwar in this task.

Luthra said, “Today we are moving towards a hybrid system and norms must be laid down for having a mix of physical and virtual proceeding­s for not just hearings but also trial through videoconfe­rencing.”

The bench, also comprising Justices L Nageswara Rao and Vineet Saran, requested Luthra to assist them as amicus curiae in this regard. But Luthra felt that his comments openly supporting videoconfe­rencing as against physical court hearings could go against him in undertakin­g this responsibi­lity. This provoked the CJI tomake his observatio­n.

Justice Bobde said: “Where is the question of your disqualifi­cation. Everybody is entitled to speak their mind.”

Last week, one of the protesting farmer unions, Bhartiya Kisan Union (BKU)- Lokshakti filed an affidavit in the Supreme Court demanding removal of the other three members alleging that they were biased in favour of the farm laws.

This affidavit will come up for considerat­ion by the top court on Wednesday along with an applicatio­n by Delhi Police to restrain protesting farmer organizati­ons from taking out a Tractor Rally on Republic Day.

Newspapers in English

Newspapers from India