No links with law school iof Baxi is ignored — Jethmalani

The EC which met today has reportedly decided to accept the suggestion made by the CJI in his capacity as the NLS Visitor (… that number 2 candidate in the merit list, Gopal Mohan Gopalan, be sent the appointment letter). It had earlier sent Baxi an appointment letter which he had responded to with an acceptance.

The CJI is scheduled to preside over the School’s eighth convocation on Sunday and they can’t afford to cause an affront to him by ignoring his suggestion. Justice M.N. Venkatachaliah, in response to the circular motion moved last week in an attempt to arrive at a consensus, had also suggested that Gopal Mohan Gopalan’s appointment be finalised to “avoid further embarrassment to the high office of the CJI.”

Incidentally, the correspondence between Baxi and the NLS, the copies of which are available with The Indian Express, suggests that the School was compelled to stop the process at an advanced stage due to pressure from the CJI. The CJI who while assuring Baxi that the “conditions” for his appointment were being forwarded to the EC, directed the NLS to appoint Gopal Mohan Gopalan. The “conditions” were that Baxi be allowed to fulfill his prior commitment to a foreign university next year and that the NLS rules be amended so that he could continue as director till the age of 65.

Baxi had written to the NLS “(It) raises issues concerning the honour of the institution as well as the integrity of the person invited to lead the institution, though I must appreciate your endeavours… to facilitate my assumption of directorship,” when the NLS wrote to him that he (Baxi) will have to wait as the chairman of the Bar Council of India was being sent to sort the matter out with the CJI.

Meanwhile, Jethmalani has also expressed his inability to attend the crucial meeting on Saturday while adding in his letter that “the earlier decision of the EC should not be disturbed as I have personally met Baxi and pursuaded him to join” and that he has agreed to take over with immediate effect. Jethmalani was also part of the three-member search committee, headed by Justice M.N. Venkatachaliah, that shortlisted three candidates for the director’s job. The merit list was subsequently placed before the EC and then the Visitor (the CJI), who then decided on Baxi.

The outgoing director of the NLS, N.L. Mitra, now argues that they are being compelled to consider Gopal Mohan Gopalan in the merit list, as suggested by the CJI, because Baxi can not take over since (i) he is reaching the age of superannuation (62 years) in November this year and (ii) he has other pressing commitments at foreign universities till December 2001.

But correspondence between the CJI, the NLS and Baxi, copies of which are available with The Indian Express, suggests that the NLS and the search committee were well aware of these factors and had said they will consider amending the School statute to push the retirement age to 65 years once Baxi took over.

“After all, no one in his right mind would go through such an elaborate exercise to appoint a candidate who will retire within two months of taking over,” an EC member said.

The story will now have to wait for Jethmalani who is expected to returnfrom London on Monday.