Not a disqualification to be member of a committee just because a person has expressed views on a matter: CJI

"Just because a person has expressed a view on the matter, that is not a disqualification to be a member of a committee", the Chief Justice of India SA Bobde orally observed today.

The CJI said that members of a committee are not judges, and they may very well change their opinions. Thus, merely because a person has expressed some views on a matter does not mean he cannot be appointed on a committee for resolving that issue, he said, as per a report carried by Live Law.

The remarks assume relevance in the context of controversy surrounding the constitution of a committee on farmers' protests.

The four-member committee constituted by the SC to resolve the deadlock between the Central Government and the farmers, comprises members who have expressed open views in support of implementation of the farm laws.

BS Mann, one of the committee members appointed by the Supreme Court, later announced his recusal.

The Bhartiya Kisan Union Lokshakti has moved the Supreme Court seeking to remove the remaining three members of the committee, citing bias.

The CJI's remarks, which came today during the course of hearing in another matter, reflect upon the approach that the Bench hearing the cases against farm laws may adopt.

The CJI made the remarks while the bench was hearing the suo moto matter on steps to expedite criminal trial.

During the hearing, the bench indicated that it may appoint Sr Adv Siddharth Luthra as amicus curiae in the case against physical hearing in Delhi High Court, at which point, Luthra submitted that he is duty bound to apprise the court that he has endorsed a statement supporting virtual hearings.

At this juncture, the CJI remarked, "How is this a disqualification? Just because a person has expressed a view on the matter, that is not a disqualification to be a member of committee. Generally, there is a peculiar lack of comprehension about constitution of a committee. They are not judges."

The CJI clarified that his remarks are not only in context to the instant case but is a general observation.

"We are talking of a general misunderstanding. Committee members are not judges. They can change their views," the CJI observed.

Soon after the CJI announced the names of committee members to resolve the farmers' dispute last week, many persons pointed out in social media that the composition of the committee reflects only a single view which is in support of the laws.