NEW DELHI: The Supreme Court requested access to the files pertaining to the recent appointment of Arun Goel as Election Commissioner on Wednesday, stating that there was "no risk" in producing the documents. The Supreme Court further stressed that it wants to see by what mechanism, he was appointed and there is no danger to produce files.

In relation to Goel's appointment, the petitioner's attorney, Prashant Bhushan, brought up the matter. He said that Goel was a sitting Secretary who had accepted a voluntary retirement on Friday, had been awarded the post on Saturday, and had begun working as the EC on Monday.

Bhushan said that the government made the appointment despite his having filed an application in relation to it and the court hearing the case. He questioned what procedure was followed and what protections were in place after pointing out that the Center appointed someone in a single day. A five-judge Constitutional court, presided over by Justice K.M. Joseph, reported that the case was heard on Thursday. According to Bhushan, there was an intervention plea in relation to the opening, and the Center named a person as an Election Commissioner.

"Produce the documentation of this officer's appointment," Justice Joseph commanded the Attorney General R Venkataramani. "You maintain there is no hanky-panky in this. Was he appointed on the basis of a voluntary retirement? How was he appointed? How was he selected? The issue is being heard.

If there is no wrongdoing, "you shouldn't be worried," he advised the AG, and "if everything is going OK, then show us the file."
Justice Joseph stated that the court will not pass judgement on the appointment and that "we want to examine that file, unless you claim some privilege... we want to understand how things function" while the AG stated, "I don't think we have to travel that far."

Orally, the Supreme Court noted that the appointment was made after it began hearing the matter on Thursday and Bhushan submitted an application for the opening. The AG stated that he has a concern that this particular instance cannot be used because it relates to a more general issue. Justice Joseph responded to this by saying, "It is curiosity intermingled with our obligation..."

The court, which is made up of Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar, said the AG can bring the files with him on Thursday and should notify the court if he feels it is inappropriate for him to release the information.

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