The Supreme Court on Thursday made harsh observation after Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor (LG) VK Saxena failed to reach an agreement over the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson, saying nobody cares about the "headless" institution and are "busy in fighting".
Expressing anguish, the apex court said it will appoint a DERC chairperson for a brief period on an ad-hoc basis pending a decision on the Delhi government's plea contesting the Lieutenant Governor's power to make such an appointment.
Amid the deadlock between the Arvind Kejriwal-led Aam Aadmi Party (AAP) government and Delhi LG over the appointment of (DERC) chairperson, the top court said it will do some homework and appoint someone on a "pro tem basis" to the post.
SC's strong observations came in the wake of submissions that though the LG and the chief minister met on apex court order but they failed to resolve the issue over the appointment.
"It is sad that nobody cares what happens to the institution. Individually, you keep fighting with each other...That institution is headless," a bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra said.
"We will appoint somebody on an ad-hoc basis," the bench said, while observing that it will have to do little bit of homework, consult people and take their consent for this.
On July 17, the apex court had asked the Delhi chief minister and LG to rise above "political bickering" and discuss who could head the national capital's power regulator DERC, saying the two constitutional functionaries should get down to "serious work of governance" away from the glare of publicity.
"There is so much work of government that has to be done away from the glare of publicity and the glare of public space. I think both the functionaries should get down to serious work of governance and let both of them sit down together tomorrow..."We are not so much concerned with the appointment of the DERC chairperson which will be done. We are at the larger issue. If both of them sit together, talk to each other as constitutional functionaries, I am sure this can be done. Please share the message to both of them that this is what the Supreme Court expects should be done by them," the CJI had said.
As the hearing began on Thursday, the apex court was informed that the chief minister and the LG failed to arrive at a consensus on the issue.
"Can you not between all of you pick up one judge for appointment as DERC chairperson?" the bench asked.
Senior advocate Harish Salve, appearing for the LG, said the apex court can name somebody and he or she will be appointed as the DERC chairperson.
"We cannot appoint somebody unless you both sides agree," the court told Salve.
Senior advocate Abhishek Singhvi, appearing for the Delhi government, said five names were suggested for appointment but none chosen. Solicitor General Tushar Mehta, representing the Centre, said DERC has several important functions to discharge and so why should the institution remain headless.
He said the apex court may appoint somebody to the post and there cannot be any objection to that. During the hearing, the bench said, "The other thing which we are going to suggest is, can you not give us, without indicating who has suggested which names, names of say three or five former judges of the Delhi High Court. Just give us random names. We can just pick up one name." Singhvi said he would seek instructions on the issue.
"We can appoint somebody on a pro tem basis… so that he can continue until the matter is disposed of," the bench said.
The apex court said it will find a few names and consult former judges of the high court.
Mehta said it is "really unfortunate" that one of the parties says that they won't trust the highest court of the country unless name from their list is there.
He said one cannot put a condition on the court that "we will agree to your selection only if you select from my list".
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