[LST] TDSAT chief selection runs into Kapil Sibal firewall - The Economic Times on Mobile

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TELECOM
TDSAT chief selection runs into Kapil Sibal firewall
4 Mar, 2013, 0500 hrs IST, Rohini Singh, ET Bureau
In a letter to Chief Justice Altamas Kabir dated February 21, Telecom Minister Kapil Sibal sought the CJI's comments on a report on Justice Joseph compiled by what the missive describes as an agency.
NEW DELHI: A controversy has broken out over the proposed appointment of a former judge of the Supreme Court, Justice Cyriac Joseph, as the head of Telecom Disputes Settlement & Appellate Tribunal (TDSAT) with the Centre asking the Chief Justice to take into account a report from an "agency" before taking a final decision.



In a letter to Chief Justice Altamas Kabir dated February 21, Telecom Minister Kapil Sibal sought the CJI's comments on a report on Justice Joseph compiled by what the missive describes as an agency.

"You may recollect, I had met you in December 2012 inviting your kind attention to the report of an agency in respect of Justice Cyriac Joseph, retired judge of the Supreme Court of India. Your comments in the matter are awaited," wrote Sibal. The contents of the letter were described to ET by people familiar with it.

A top official in the law ministry told ET on the condition of anonymity that the agency referred to in Sibal's letter is the Intelligence Bureau. The person also said that while the report had not raised any issues relating to integrity, it had observations on what the person described as the former judge's "style of functioning". In particular, the report had commented on alleged delays in delivering verdicts. Sibal's letter is based on the report.

The TDSAT is a dispute resolution tribunal for the telecom sector. The top slot at the tribunal fell vacant in November 2012, when its previous head Justice SB Sinha completed his tenure. The chairperson is appointed by the government in consultation with the Chief Justice of India.

The TDSAT head has to be a person who is or has been a judge of the Supreme Court or the chief justice of a high court.

Sibal did not comment on the matter, but a person close to him told ET the issue was serious and the appointment of the TDSAT chairperson has to be done on a priority basis given that it's a "critical tier" in the disputes resolution mechanism for the telecom sector.

Justice Joseph declined comment. A law officer told ET that the Chief Justice is yet to take a final call on the matter but may choose to reject the government's apparent objection. "It has created a piquant situation since Justice Joseph has been on several benches along with Chief Justice Kabir," the person said. A response from the CJI's office on the matter is expected this week, the person said.

The CJI had recommended Justice Joseph, who had retired in 2012, for the post of TDSAT chairman. The government subsequently obtained the consent of Justice Joseph and sent the proposal to the Appointments Committee of the Cabinet and the Cabinet Secretariat for consideration at the end of October 2012. Since then, the government appears to have had second thoughts because of the agency's report.

Sibal also pointed out to the CJI in his February communication that the TDSAT is facing "severe impediments" to its functioning in the absence of a chairperson and has asked the Chief Justice to "advise" the government on the appointment of its head at the earliest. Sibal has also sought the CJI's approval for appointment of a member (besides the chairman) of the TDSAT, after a government-appointed panel gave its recommendations in February.

(With inputs from Samanwaya Routray)
--
"To those who believe in resistance, who live between hope and impatience and have learned the perils of being unreasonable. To those who understand enough
to be afraid and yet retain their fury."


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