The Supreme Court is likely to consider the Cabinet decision on the appointment of Election Commissioner Navin Chawla. An apex court Bench headed by Justice Ashok Bhan today told Additional Solicitor General Gopal Subramanium to be “ready with it (the file), when we shall require it, we will call for it”.

The Centre, defending Chawla’s appointment in the face of serious allegations of impropriety levelled by senior BJP leader Jaswant Singh, objected to the court’s plea. The Centre had given its opinion to the Presidential reference on the question of Chawla’s appointment. The ASG, terming the said communication between the Cabinet and the President as “privilege communication”, expressed his helplessness.

However the Bench, also comprising Justice Dalveer Bhandari, brushed aside the excuse of the government counsel and said, “In these times of Right to Information, there is nothing called privilege communication.”

The remarks came during the hearing of the petition filed by Singh seeking Chawla’s removal on the ground that he would not be able to discharge his duties impartially in view of several allegations of impropriety against him.

Senior advocate Soli Sorbajee commenced the arguments on behalf of the petitioner even though the ASG and senior advocate Ram Jethmalani made fervent pleas before the court to adjourn the matter. Commenting on the fact that both the ASG and Jethmalani were preoccupied with the quota hearing, Sorbajee said, “Even this matter is of considerable importance and there are a number of law officers (who could argue the case).” Agreeing with him, Justice Bhan said, “We have to hear the arguments and we have to finish it.”

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