Delhi Govt picks ‘Bofors’ judge for post-retirement job, his CJ asks how

The judge who delivered the Bofors verdict exonerating Rajiv Gandhi is back in the news. Justice J D Kapoor, who retires in April, has been ...

The judge who delivered the Bofors verdict exonerating Rajiv Gandhi is back in the news.

Justice J D Kapoor, who retires in April, has been chosen by the Delhi Government for a five-year post-retirement job—president of the State Consumer Disputes Redressal Commission (SCDRC).

But Chief Justice of the Delhi High Court Justice B C Patel has asked the state government to explain how it chose Kapoor from the list of three submitted by a panel.

Story continues below this ad

Justifying her decision, Chief Minister Sheila Dikshit told The Sunday Express today: ‘‘The names were not given in the order of preference. We had to choose one and so we chose one.’’

Justice Patel’s query has a basis. Consider the sequence of events:

• The post of SCDRC president fell vacant on November 25, 2003.

• A week earlier, on November 17, the selection committee—headed by outgoing president Justice Lokeshwar Prasad and comprising two government officials—recommended a panel of three Delhi High Court judges for the post: sitting judges Justice Kapoor and Justice M A Khan and retired Justice Usha Mehra.

• As per procedure, the panel should have suggested only one name but instead, it sent three and left it for the Government to choose.z On Dec 16, Dikshit made this file noting: “I suggest that Justice J D Kapoor may be appointed.’’

Story continues below this ad

• This decision was sent to the Chief Justice on January 29 by Ashok Kumar, Delhi’s Secretary, Consumer Affairs.

• On Feb 9—five days after the Bofors verdict—High Court’s Registrar General V B Gupta wrote on Justice Patel’s behalf to Kumar seeking clarifications: Why did the panel choose three instead of selecting only one? And, ‘what was the material with the government to recommend one name?’ The letter went on to ask the Government to ‘‘place the material so as to enable the Chief Justice to take appropriate decision.”

Dikshit, when contacted today, said the Government has since reverted to the HC with ‘‘the information’’ .and is awaiting Patel’s response.