On the letter head of Ajay Maken

[Addressed to Shri Mallikarjun Kharge,

Honble Leader, CPP, Lok Sabha]
19.02.2016
Dear Sir,
The High Powered Committee empowered to select information
commissioners is set to meet today (i.e. February 19, 2016) to finalise the
names to fill up the 3 vacant spots in the Central Information Commission.
The current Police Commissioner of Delhi, Mr. B. S. Bassis candidature is
apparently in consideration as one of the potential information
commissioners. Keeping in mind his track record, lack integrity towards the
Constitution of India and his complete failure to control law and order in
Delhi, I urge you that as a representative of the opposition in the selection
committee, we must express our strong dissent to Mr. Bassis candidature for
the post information commissioner.
Sir, the RTI Act, 2005 passed by the UPA Government envisages a
confidence building institution for the people of India, a body which is of
immense consequence to our democratic setup as the novelty of the
institution lies in the autonomy, transparency and independence where the
presiding officers inspire to act without fear or favour and ensure that the
institution is more important than an individual or the ruling party.
However, completely contrary to the above expectations, Mr. Bassi has
continuously reflected immunity to injustice and remained oblivious to
criminality during his tenure as the Police Commissioner of Delhi. Inter-alia,
the incidents that took place in the National Capital over the past week,
where students, faculty and journalists were attacked within and outside the
Court premises and despite clear evidence of the offenders, the police, acting
on instructions of their political masters, remained a mute spectator and later
chose to file an FIR against unknown persons. Moreover, the Delhi Police
deliberately chose to go slow against Mr. OP Sharma, a legislator of the ruling
party, who was caught on camera while seriously assaulting people outside
the Patiala House Court complex. Later after public pressure, he was
symbolically arrested and released on bail within few minutes.
Sir, the Police is supposed to be the strong arm of the State, however
with Law and Order with Mr. Bassi, the National Capital has often looked
helpless and crippled. The Police Commissioner allowed Court premises to be
hijacked by goons who turned the same into a battle ground for subsequent

days. Also, even categorical directions of the Apex Court to control the chaos,
were deliberately ignored as the offenders had the patronage of the ruling
party.
Mr. Bassis political commitments are higher than his commitment for
the state, he has lost public confidence and unfit for the prestigious position
which mandates proactive and transparent approach for disseminating
truthful and sensitive information, even to the disadvantage to the
Government.
Allegations of corruption
Apart from his failure to perform the duties assigned to him under the
Constitution of India, Mr. Bassi is also an accused of fraudulently and
dishonestly acquiring membership of a Co-operative Housing Society (Lucky
Home Cooperative Society) to enrich himself and his family members by
illegally securing property at subsidized rates and thereby, dishonestly
making profit of crores of Rupees. A complaint case regarding against Shri
Bassi u/s 1208, 201, 420, 406, 409, 465, 467, 468, 471, 506 r/w section
34,37 & 109 of IPC is pending adjudication before the Chief Metropolitan
Magistrate, Rohini Courts, New Delhi.
Supreme Court on such appointments
Sir, the Honble Supreme Court in the matter of former CVC PJ Thomas,
has laid down certain guidelines that are binding on High Powered
Committees deliberating upon alike Constitutional appointments. The Honble
Supreme Court in its judgment dated 03.03.2011 in W.P.C. 348 and 335 has
said:-

Para 55

(iii) All the civil servants and other persons empanelled shall be
outstanding civil servants or persons of impeccable integrity.

(iv) The empanelment shall be carried out on the basis of rational

criteria, which is to be reflected by recording of reasons and/or
noting akin to reasons by the empanelling authority.

(v) The empanelment shall be carried out by a person not below

the rank of Secretary to the Government of India in the concerned
Ministry.
(vi) The empanelling authority, while forwarding the names of the
empanelled officers/persons, shall enclose complete information,
material and data of the concerned officer/person, whether
favourable or adverse. Nothing relevant or material should be
withheld from the Selection Committee. It will not only be useful
but would also serve larger public interest and enhance public
confidence if the contemporaneous service record and acts of
outstanding performance of the officer under consideration, even
with adverse remarks is specifically brought to the notice of the
Selection Committee.
(vii) The Selection Committee may adopt a fair and transparent
process of consideration of the empanelled officers.
In view of the above circumstances, when serious questions are being
raised about Mr. Bassis integrity by public at large, his candidature for an
independent and transparent institution of RTI will be extremely unfit and an
appointment to that effect will be a huge setback for the confidence of the
people in our democracy.
Sincerely,
Ajay Maken
Shri Mallikarjun Kharge
Hon'ble Leader,
Congress Parliamentary Party, Lok Sabha
9, Safdarjung Road
New Delhi