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The Supreme Court has made it clear that it will not agree to any changes in the reconstitution of the five-member high-powered committee headed by former top court judge R Subhash Reddy to examine allegations of police excesses against student protesters in Delhi recently and violence against police personnel.
A bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana said that it will not proceed on a presumption that a committee constituted by it was biased.
“Committee is our extended hand. We will not agree to any changes. The committee will be working under the supervision of the Supreme Court. We will not re-constitute. Let this committee function, we will see. We are not running away. If anyone feels the committee has gone wrong somewhere, you tell us. We will give open hearing,” the CJI observed.
During the hearing, advocate Prashant Bhushan, appearing for one of the petitioners seeking reconstitution, submitted that one of the members of the panel who was a former DGP of a north-eastern State was under a “conflict of interest” as he is a close friend of a high functionary who was likely to be under investigation.
Senior advocate Gopal Sankaranarayanan echoed Bhushan’s views. “Our first request is that since the High-Powered Committee has to function independently, it should have a separate amicus and Advocate-on-Record. The committee cannot be represented through government counsel,” Sankaranarayanan said.
Solicitor General Tushar Mehta opposed the submissions and asked the apex court to ignore such allegations.
“According to them, the entire country is dishonest, except one or two people,” Mehta said.
The CJI told the lawyers that the retired Meghalaya DGP was selected in the committee as he was a DGP of a north-eastern State, and hence unlikely to be proximate to political parties in the mainland.
