Decisive to start a probe on Snoopgate, allegations that the Narendra Mod-led Gujarat government had mounted illegitimate surveillance on a woman architect, the Congress-led UPA government may soon approach the Allahabad High Court to seek the services of a sitting judge to head the commission of enquiry.
Dhananjaya Yashwant Chandrachud, the Chief Justice of the Allahabad HC will be requested to nominate a sitting judge from his court.
The news was confirmed by Home Minister Sushil Kumar Shinde to ET, saying “the process is on… something is happening”.
He also told ET he doesn’t expect EC to object to the exercise.”The commission of inquiry was ordered much before the model code of conduct was announced. So the announcement of the name (of the judge) can still happen. It will not be a violation of the model code of conduct,” Shinde said. BJP had earlier said it will move EC if the Snoopgate probe is taken up again by UPA.
Asenior government officials told ETthat a draft Cabinet note on the matter, is ready and a Cabinet meeting on this is likely to happen either late this week or early next week.
The Election Commission will also be notified of the government’s decision, as said by these officials.
Officials who conversed to ET for this report did so on the condition they not be identified.
ET came to know from senior officials that during deliberations over the Snoopgate matter the name of Allahabad High Court Justice Devendra Pratap Singh had come up. But, it is the high court chief justice’s prerogative to appoint a sitting judge for a commission of inquiry.
According to a senior official who spoke to ET, “It’s only the chief justice who can name the judge.” An email sent to Justice Singh’s office elicited no response.
Political implications of a Snoopgate judicial enquiry this late in the election season will be substantial. BJP is expected to come out in force against an enquiry that will likely involve Modi and his key supporter, Amit Shah.
BJP leader Arun Jaitley on Thursday said, “I will be very curious to know the name of the judge who has agreed to ‘lend’ himself to UPA. I will be surprised if there is one. I hope, for the cause of judicial dignity, no one agrees to be a part of this desperate exercise.”
It was ET that had first reported on April 29 that the Congress-led UPA has upped its efforts to start the Snoopgate enquiry. It had also reported that government and Congress leaders were considering a Cabinet meeting to change the stipulations of reference of the original December 26 decision to allow a sitting judge to head the inquiry. On late December 2013 Cabinet decision had mandated that a retired judge head the commission of inquiry.
As ET had reported earlier, several retired judges were approached but no one took the assignment.
The home ministry has advised the law ministry to not bring the matter to the Cabinet before getting the “concurrence” of the Chief Justice of the Allahabad High Court, said another senior official.