Author: Manoj mitta
Publication: The Indian Express
Date: July 29, 2004
Introduction: Cong opposed former-
CBI chief's NHRC posting, now Govt defends move before the Supreme Court
Barely five months ago, Congress
leaders alleged that the Vajpayee Government made former CBI director P
C Sharma a member of the National Human Rights Commission as a reward for
dropping conspiracy charges against L K Advani in the Ayodhya case. The
party would he eating its words now.
For, the Manmohan Singh Government
has defended Sharma's appointment before the Supreme Court.
Responding to a PIL, Solicitor General
Goolam E Vahanvati asserted that Sharma's appointment was based on the
recommendation made "unanimously" on February 19 by the prescribed selection
committee which included the then leader of the Opposition in the Lok Sabha,
Sonia Gandhi, and her counterpart in the Rajya Sabha, Manmohan Singh.
Vahanvati's oral statement, ironically,
differs from the affidavit filed by the Vajpayee Government which was non-committal
on whether Sonia had been consulted on the first-ever appointment of a
police officer as a member of the NHRC.
If anything, the NDA's affidavit
suggested that the selection committee constituted after the dissolution
of the 13th Lok Sabha on February 5 did not include Sonia.
"It is denied that (Sharma's appointment)
is vitiated by vacancy in the committee in the absence of the leader of
the Opposition in the House of People," the affidavit had said.
Significantly, the Vajpayee Government
went on to refer to Section 4(2) of the NHRC. Act which it said "provides
that no appointment of a chairperson or a member of the commission shall
he invalid merely by reason of any vacancy in the committee."