Delhi High Court agrees to hear challenge to CAG appointment; Centre given 2 weeks to respond

The Delhi High Court has agreed to hear two petitions challenging the appointment of Shashi Kant Sharma as the Comptroller and Auditor General of India (CAG). One of the petitions has been filed by a group of 9 persons including a former Chief Election Commissioner, two former Naval Chiefs and three former Secretaries. The other petition has been filed by Advocate ML Sharma..The matter was heard today by a Division Bench comprising of Acting Chief Justice BD Ahmed and Justice Vibhu Bhakru..Advocate Sharma, appearing in person, contended that there were no rules framed till date prescribing the qualifications of a person to be eligible for appointment as CAG. He further submitted that Shashi Kant Sharma had a science background and no knowledge of accounts, audit or commerce and that his appointment would result in conflict of interest because Sharma would be auditing his own account reports having served as the defence secretary for the past 10 years..Advocate Prashant Bhushan, the arguing counsel in the second petition, contended that Article 14 barred arbitrariness in any action of the State. Bhushan cited decisions of the Supreme Court to the effect that even if there were no guidelines or rules prescribing appointments, such appointments could not be made arbitrarily but had to be advertised and proper criterion had to be laid down for the selection. He also submitted that the Government could not have appointed anyone with a greater conflict of interest than Sharma as CAG since Sharma had presided over all the defence acquisitions for the last 10 years and he would now be auditing all those purchases some of which were under CBI scanner..The Court after hearing the petitioners asked the Central Government to respond on affidavit and listed the matter for August 8..The petitioners in this case had earlier approached the Supreme Court. The Supreme Court had refused to hear the matter and directed them to approach the High Court.