New Delhi: The Supreme Court today (Oct 31) expressed serious objection to the Centre's decision to appoint a retired bureaucrat as chairman of the Competition Commission saying it was "direct attempt" to encroach upon judiciary.

Attorney General Soli J Sorabjee, keeping in view the critical observations of a Bench comprising Chief Justice V N Khare and Justice S B Sinha, gave an undertaking on behalf of the Government that the Commission till further orders would not carry out judicial functions.

The main ground for objection of the apex Court was that how a judicial function could be discharged by a retired bureaucrat as head of the Commission created to deal with mergers and de-mergers of companies running into thousands of crores and the orders of which were to be executed by the High Courts.

Senior advocate R K Jain, appearing for a public interest litigation filed by one Brahm Dutt, alleged that the Commission was to replace the MRTPC (Monopolies and Restrictive Trade Practises Act) which was always headed by a retired Chief Justice of a High Court.

Former Commerce Secretary Deepak Chatterjee was recently appointed as the Chairman of the Commission. The Government gave an undertaking that he would perform only administrative functions till further orders from the Court.

Terming the appointment as a direct affront to the judiciary, the Bench said, "If these things were allowed to continue, then the day is not far when the bureaucrats will replace all the judges in the country."

PTI