The Supreme Court Thursday questioned the "tearing hurry" by the Central government in appointing retired bureaucrat Arun Goel as an Election Commissioner [Anoop Baranwal vs Union of India and ors]..A Constitution bench headed by Justice KM Joseph noted that the evaluation of candidates and selection of Goel was done within a time span of 24 hours. "This [Arun Goel appointment file] was moved on November 18. Then the names are examined. Then the Prime Minister comes in ... Is it (usually) done in such haste, with such tearing urgency," Justice Joseph asked Attorney General (AG) R Venkataramani who was appearing for Central government."You did it in one day. On November 18. The file shows it," he added..The bench also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was hearing a challenge to the current system of appointing members of the ECI on the ground that the executive enjoys the power to make appointments in violation of Article 324(2) of the Constitution of India..Goel had taken voluntary retirement from his previous posting on November 18, Friday, was appointed EC on November 19 and took charge on November 21.The Court had on Wednesday asked the government to produce the file relating to the recent appointment of Goel as an EC. This was because the appointment was made during the pendency of an interim application before the top court seeking a stay on appointments to the Election Commission of India (ECI). Pursuant to that, the government produced the files which the bench proceeded to examine today."According to your first page, this vacancy was since May 15. Can you show us that from May to November, what was it that weighed on the government that everything must be done superfast in November. We know that where there is a will there is a way," Justice Ajay Rastogi said..He also said that the notification of appointment was issued the very same day."What kind of evaluation was done within just 24 hours," the judge asked. "I just want to clarify, the name was considered with due processes followed. These questions will crop up. How many appointments in public offices happen in 12 or 24 hours? Can we get into all such instances," the AG submitted..The bench said that what it wants to know was whether the procedure prescribed was followed correctly."We just want to know the process (that was undertaken). If you toss a coin and both sides you win, and here we notice that man has credentials, but what if he is docile?" Justice Joseph asked. "There can be someone saying he is docile, someone will say he is not. Which one will Court consider," the AG asked."Tell us how he was chosen ahead of four others," Justice Joseph persisted."We find the voluntary retirement, etc very ... Is it normal? does it happen like this normally," Justice Bose weighed in."He was anyways going to retire on December 31," the AG replied..After hearing the matter at length, the Court reserved its verdict.[Read live coverage of hearing below]
The Supreme Court Thursday questioned the "tearing hurry" by the Central government in appointing retired bureaucrat Arun Goel as an Election Commissioner [Anoop Baranwal vs Union of India and ors]..A Constitution bench headed by Justice KM Joseph noted that the evaluation of candidates and selection of Goel was done within a time span of 24 hours. "This [Arun Goel appointment file] was moved on November 18. Then the names are examined. Then the Prime Minister comes in ... Is it (usually) done in such haste, with such tearing urgency," Justice Joseph asked Attorney General (AG) R Venkataramani who was appearing for Central government."You did it in one day. On November 18. The file shows it," he added..The bench also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was hearing a challenge to the current system of appointing members of the ECI on the ground that the executive enjoys the power to make appointments in violation of Article 324(2) of the Constitution of India..Goel had taken voluntary retirement from his previous posting on November 18, Friday, was appointed EC on November 19 and took charge on November 21.The Court had on Wednesday asked the government to produce the file relating to the recent appointment of Goel as an EC. This was because the appointment was made during the pendency of an interim application before the top court seeking a stay on appointments to the Election Commission of India (ECI). Pursuant to that, the government produced the files which the bench proceeded to examine today."According to your first page, this vacancy was since May 15. Can you show us that from May to November, what was it that weighed on the government that everything must be done superfast in November. We know that where there is a will there is a way," Justice Ajay Rastogi said..He also said that the notification of appointment was issued the very same day."What kind of evaluation was done within just 24 hours," the judge asked. "I just want to clarify, the name was considered with due processes followed. These questions will crop up. How many appointments in public offices happen in 12 or 24 hours? Can we get into all such instances," the AG submitted..The bench said that what it wants to know was whether the procedure prescribed was followed correctly."We just want to know the process (that was undertaken). If you toss a coin and both sides you win, and here we notice that man has credentials, but what if he is docile?" Justice Joseph asked. "There can be someone saying he is docile, someone will say he is not. Which one will Court consider," the AG asked."Tell us how he was chosen ahead of four others," Justice Joseph persisted."We find the voluntary retirement, etc very ... Is it normal? does it happen like this normally," Justice Bose weighed in."He was anyways going to retire on December 31," the AG replied..After hearing the matter at length, the Court reserved its verdict.[Read live coverage of hearing below]