Will appoint DERC chief on ad-hoc basis: SC

On the last date of hearing, the SC had asked the Delhi L-G and Chief Minister to “rise above political bickerings” and “sit together” and agree on a name for appointment as DERC chairman.

On Thursday, senior advocate A M Singhvi, appearing for the Delhi government, said, “We tried our best… we failed.” He added, “We went there. We sat together. First, we gave three names in writing. Then two more names were suggested. That did not work.”

Senior advocate Harish Salve, appearing for the L-G, said, “My instructions are clear, we leave it Your Lordships. Name somebody. We will appoint him.”

Singhvi urged the court to decide the matter first and not to make any ad-hoc appointments in the meantime. “This is far too important a matter to be done on an ad-hoc basis. Please hear and decide it… This is a constitutional interpretation.”

The bench, however, wondered how there can be no appointment to the DERC chairman post till then.

Solicitor General Tushar Mehta said the appointment can be for one term instead of ad-hoc.

Salve pointed out that the President had already appointed a DERC chairman and added that court should either hear the matter and stay it or that the chairman should be allowed to function.

The court suggested that the person appointed by the President can be told that his appointment will be subject to further directions.

Singhvi, however, objected and said, “That would be appointing by one person. After a judgement of Your Lordships found it to be bad, after the Ordinance is not yet tested, that will be a wrong thing to do.”

Justice Narasimha pointed out that the Ordinance matter will take some time to be decided as it will be referred to a constitution bench and added the bench was only thinking about what to do in the interregnum. The DERC remaining headless during the period will not serve the public purpose, he added. The court will now hear the matter next on August 4.