NEW DELHI: Days after Supreme Court constituted a committee led by former SC judge R Subhash Reddy to inquire into alleged police excesses during the July 20 CJP march to Parliament, a petitioner Tuesday faulted SC’s choices, doubted the panel’s ability to conduct fair and impartial inquiry, and sought its reconstitution with either U U Lalit, Sanjiv Khanna or B R Gavai, all ex-CJIs, as chairperson.Appearing for petitioner-advocate Shailendra Mani Tripathi, senior advocate Gopal Sankaranarayanan told a CJI-led bench that an application has been filed on reconstitution of the panel.Tripathi said information in public domain “brings to light a long association” between panel members and “executive authorities of the Union of India, including the Union home minister, highlighting…reasonable apprehension of institutional deference which may prejudice the independent and impartial probe directed by SC”.‘Application improper as it seeks panel’s reconstitution after it has commenced work’In his application before the bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana, Tripathi clarified that “the concern is not as to the personal integrity of any member, but a structural concern arising from the nature of the mandate, which, in its current form, does not possess the demonstrable independence and proficiency necessary for the inquiry to be carried out.”Solicitor general Tushar Mehta objected, saying it was a mysterious application as it was seeking the committee’s reconstitution after it had commenced work. It proposed names of former CJIs to head the panel when the apex court had already appointed a retired SC judge to lead the inquiry.Advocate Prashant Bhushan, who in a social media post had termed the SC-constituted panel as “weak”, said many have some serious misgivings about the committee’s composition. Mehta immediately responded by saying there are some people who have perennial misgivings about the institution where they practise.TOI contacted the three ex-CJIs proposed by the petitioner as better suited to lead the probe that will also cover the alleged violence against police personnel on July 20.Both Justices Khanna and Gavai said they had not been approached for their consent nor had they given it. Justice Gavai added that it was improper for someone to seek a change in composition of the inquiry panel once it had been constituted by SC. Justice Lalit did not respond to either message or telephone call.SC constituted a high-powered enquiry committee (HPEC) headed by Justice Reddy and comprising ex-chief justice of Punjab and Haryana HC Ravi S Jha, ex-judge of Delhi HC Shalinder Kaur, former CBI director Rishi Kumar Shukla, and former Meghalaya DGP L R Bishnoi.Tripathi said the HPEC must be reconstituted to include an ex-CJI, a retired woman DGP, an ex-attorney general (only two are available today), an officer with investigative skills or an individual with track record of civil liberties and public interest.The petitioner further said non-judicial members in HPEC — Shukla and Bishnoi — do not have specialised experience of investigating police excesses or examining senior serving executives and police officials.“The inquiry is required to test the role of persons occupying the highest levels of the Union executive, ministry of home affairs, Delhi Police and Rapid Action Force. When the allegations require scrutiny of such high-ranking officials, the inquiry must be visibly insulated from executive and institutional influence and any perceived bias,” he said.
