Candidates had credentials like ‘taking on Narendra Modi’, who was then Gujarat Chief Minister.
In May 2008, after it emerged that multiple vacancies of Information Commissioners were going to arise in the Central Information Commission, interested applicants started sending their applications to the Department of Personnel and Training. In many cases, however, the names were recommended by sitting Union Ministers and in a few cases, those who had neither applied nor were recommended by any minister, made to the shortlisted list of candidates and went on to be appointed to the prestigious post.
Documents and file noting accessed by The Sunday Guardian related to the entire exercise gives a glimpse into how these high level appointments were managed and how in a few cases, those were shortlisted whose credentials included “taking on Narendra Modi” who was the Chief Minister of Gujarat at that time.
The process for filing these posts moved swiftly after a Rajya Sabha Member of Parliament from Mizoram, Lalhming Liana in May 2008 wrote to the then Prime Minister Manmohan Singh highlighting the pending cases in Central Information Commission, while recommending the name of a medical doctor for the said post.
Among those who applied and were even recommended for the post of Information Commissioner included the 1971 batch Gujarat cadre IPS officer R.B. Sreekumar. In his application, Sreekumar prominently mentioned that he was “harassed” by the Narendra Modi government who was the Chief Minister of Gujarat at the time for “submitting affidavits to the Nanavati-Shah commission that was inquiring into the Gujarat riots.”
Sreekumar wrote in the application that he sent to the Prime Minister’s Office, “During his tenure as Addl. DG of Police (Intelligence) Gujarat State from April 3 to September 2002, he submitted truthful reports revealing the culpable role of Sangh Parivar and Modi Government in 2002 anti-minority pogrom. Later he submitted four Affidavits to Justice Nanavati- Shah Commission inquiring into the 2002 riots in this connection.
Modi Government had penalized him for giving deposition before the Commission adversely affecting its political interests by (1) superseding him in 4 promotion to the rank of DG of Police in February 205, (2) initiating departmental proceedings on the fabricated grounds of submitting Affidavits to the Nanavati-Shah Commission in September 2006 and (3) harassing by issuing memos on trivial matters, since August 2002.” In July 2008, Sreekumar was among the six shortlisted names that were recommended to the three-member selection committee that had the PM, Leader of Opposition in Lok Sabha (L.K. Advani) and the Home Minister/nominated cabinet minister.
In June 2022, the Supreme Court of India, in its verdict in the Gujarat riots case stated that R.B. Sreekumar with other officials had “falsified evidence” in the riot case after which he was arrested by the Gujarat police. The Supreme Court had stated in its judgement stated, “It appears to us that a coalesced effort of the disgruntled officials of Gujarat along with others was to create sensation by making revelations which were false to their own knowledge.
The falsity of their claims had been fully exposed by the SIT after a thorough investigation. Intriguingly, the present proceedings have been pursued for the last 16 years, including the audacity to question the integrity of every functionary involved in the process of exposing the devious strategy adopted to keep the pot boiling, for ulterior design. As a matter of fact, all those involved in such abuse of process, need to be in the dock in accordance with law.”
Sreekumar could not make it to the final four officials, whose names were finalized on 27 August for appointment as IC, ostensibly due to the resistance from Advani. The appointment to fill the remaining vacant positions continued even after that and in an interesting development, Prithviraj Chavan, who was Minister of State for Personnel and Public Grievances, on 8 April 2009 wrote an internal note that stated that “The Prime Minister may like to recommend to the Hon’ble President to approve the appointment of Mrs Omita Paul as Information Commissioner in the Central Information Commission.”
PM Singh signed the said order sheet on 10 April and Paul was appointed as the Information Commissioner. Paul was a longtime associate of Congress leader Pranab Mukherjee. Chavan, earlier on 25 August 2008 in a note sheet to the Joint Secretary, DoPT issued another direction for a direct inclusion of a name of another candidate.
“Shailesh Gandhi may be included in the list of names being considered by the Selection Committee for appointment as Information Commissioner.” On 21 January 2009, Minister for Overseas Indian Affairs, Vayalar Ravi requested the PMO to appoint Dr C.V. Ananda Bose, a Chief Secretary grade officer of the IAS Kerala cadre, who was on deputation to Government of India, as the Information Commissioner.
Bose is right now the Governor of West Bengal. On 18 February 2009, Anand Sharma who was at that time MOS (External Affairs & I&B) wrote to the PM recommending the appointment of Sushma Singh, a Secretary level officer as Information Commissioner. The next day, the PMO received a letter from Indian Revenue Services officer of 1972 batch, Saroj Bala, who was at the time Member (Revenue), Central Board of Direct Taxes, Ministry of Finance stating that she should be appointed as the Information Commissioner as she was “eminently suitable” for the job given her experience.
Others who had applied included Lieutenant General Arvind Mahajan, who had recently retired from the Indian Army. Former CM of Haryana, Bhupinder Singh Hooda also wrote two letters to PM Singh to appoint a journalist with an English newspaper in the commission, while attaching his CV. On 14 January 2009, Wajahat Habibullah, who was the Chief Information Commissioner at the time, in an email to Pulok Chatterji, who was Principal Secretary to Prime Minister of India, Manmohan Singh, wrote that the Information Commission was going to have four vacancies in the coming month and hence Chatterji should consider Vice Admiral Pradeep Kaushiva, who retired as head of the National Defence College, or Lt General Arvind Mahajan, who retired head of the Military Engineer Services for filling up these vacancy.
He also recommended the names of former Indian Foreign Services officers, Amitava Tripathi and Neelam Deo, apart from Ms Maja Daruwala, daughter of Field Marshal Manekshaw and head of the Commonwealth Human Rights Initiative. Habibullah, while recommending the name of Daruwala, wrote “I’m not sure that she’d consider being offered a position being a somewhat independent spirit, but this may be worth consideration”.
He also suggested the names of Krishna Mohan Sahni, whom he described as an excellent officer of the 1969 IAS batch, who retired in 2006 along with Chitra Chopra, another 1969 batch IAS officer who had recently retired from Central Administrative Tribunal. He told Chatterji that if he wants to consider someone from the press and media, he should consult Suman Dubey’s advice which would be the “best”.
Dubey, a former journalist, was one of the founding members of the Rajiv Gandhi Foundation and had served as the press advisor to former Prime Minister Rajiv Gandhi. He further recommended the name of Ishtiaq Hussain of Srinagar, editor of the Srinagar Law Journal for the post of information commissioner.