CJI Gogoi recuses from hearing PIL against re-appointment of Rao as interim CBI chief

Satya Prakash
Tribune News Service
New Delhi, January 21

Chief Justice of India Ranjan Gogoi on Monday recused from hearing a PIL challenging the Centre’s order appointing M Nageswara Rao as interim director of the CBI, saying he was to take part in a meeting on January 24 to select a new CBI Director.

Headed by the Prime Minister, the selection committee includes the CJI and leader of largest Opposition party in the Lok Sabha.

“Let it be posted before another Bench,” said the CJI refusing to take up the PIL.

The CBI Director’s post fell vacant after the removal of Alok Verma on January 10.

The PIL filed by Common Cause, an NGO, is likely to be taken up by a Bench headed by Justice AK Sikri – the senior-most Supreme Court judge after the CJI – on Wednesday.

It was Justice Sikri – who represented the CJI in the January 10 meeting of the high-powered committee that decided to remove Verma.

Congress leader in the Lok Sabha, Mallikarjun Kharge, had given a dissent note. Verma had later resigned.

Common Cause had on January 14 moved the Supreme Court challenging the Centre’s decision to re-appoint CBI Additional Director M Nageswara Rao as interim Director of the probe agency, mainly on the ground that there was no provision for appointment of an Interim Director in the Delhi Special Police Establishment Act.

Rao was made interim director of the CBI on October 23 after the then CBI Director Alok Verma and Special Director Rakesh Asthana were divested of all their powers and sent on leave. But the Supreme Court had on January 8 quashed the government notification.

He was again given the charge of CBI as interim Director on January 10 till the appointment of a new director after a high-powered committee headed by Prime Minister Narendra Modi removed Verma as from the top post, two days after the top court reinstated him.

Common Cause and co-petitioner RTI activist Anjali Bhardwaj have urged the top court to lay down specific mechanisms to ensure transparency in the process of appointment of CBI Director.

"The Government of India has attempted to stifle the independence of the institution of the CBI by appointing the Director of the CBI in an arbitrary and illegal manner," the petition alleged.

Rao's appointment was not made on the basis of recommendations of the high-powered selection committee, comprising the prime minister, the leader of the single largest opposition party and the chief justice of India or a judge of the apex court nominated by him, it submitted.

"In fact, it appears that the committee was completely bypassed and had no role in the appointment of Nageswara Rao, thereby rendering the appointment illegal as it is in violation of the procedure for appointment of Director, CBI laid down in the DSPE (Delhi Special Police Establishment) Act," the plea, filed through advocate Prashant Bhushan, said.

The plea also sought a direction to the Centre to appoint a regular CBI director forthwith by following the procedure laid down in accordance with the provision of DSPE Act, as amended by the Lokpal and Lokayuktas Act, 2013.

Besides this, the petition has sought a direction to the government to ensure that "all records of deliberations and rational criteria related to short-listing and selection of the director, CBI, be properly recorded and made available to citizens in consonance with the provisions of the RTI Act".

It said the government should ensure transparency in short-listing, election and appointment process of CBI director by publicly disclosing, including through the website, the procedure and rational criteria for short-listing candidates, if any short-listing is done.

"In so far as the appointment of the Director, CBI, is concerned, the Government of India has failed to adopt proper procedures to ensure transparency in the short-listing, selection and appointment," the plea said.

Detailing the sequence of events relating to the appointment of Rao as the interim CBI director, the plea alleged that the entire process was "mala fide" as the government wanted to "appoint its own choice as CBI Director in the interim".

Meanwhile, CBI DSP AK Bassi on Monday moved the Supreme Court challenging the January 11 order issued by interim CBI director M Nageswara Rao transferring him back to Port Blair.

Raohad reversed Verma's order that  brought Bassi to Delhi. 

He was transferred to Port Blair in October last year.