SC asks Centre to consider holding CBI director selection panel meet before May 2

Satya Prakash
Tribune News Service
New Delhi, April 5 

The Supreme Court on Monday asked the Centre to consider holding a meeting of the selection committee for the appointment of a regular CBI Director before May 2, saying the interim arrangement can’t go on.

“The in-charge arrangements for CBI director cannot go on. There is a point in what Mr (Prashant) Bhushan says”, Justice Nageswara Rao told Attorney General KK Venugopal after the top law officer said the selection committee meeting was likely to take place on May 2.

However, the Bench told the government to hold it earlier and posted the matter for further hearing next Friday.

On behalf of petitioner NGO Common Cause, advocate Prashant Bhushan accused the government of delaying the meeting of the high power committee as it wanted to bypass present Chief Justice of India SA Bobde who is retiring on April 23. There’s no provision for the appointment of an interim CBI Director, he argued.

After CJI Bobde’s retirement, Justice NV Ramana will be a part of the high-powered committee headed by the Prime Minister that recommends the name for appointment of the CBI Director.

Solicitor General Tushar Mehta refuted the petitioner’s allegation that the present CJI was being bypassed. Terming Bhushan’s allegation as absurd, Mehta said the meeting has been convened in May given the ongoing state assembly elections.

The last incumbent CBI Director Rishi Kumar Shukla demitted office on February 2 this year and instead of appointing his successor, the government on February 3 appointed Praveen Sinha as an interim CBI Director “till the appointment of new CBI Director, or until further orders.”

According to Section 4A of the Delhi Special Police Establishment Act, 1946 -- as amended by the Lokpal and Lokayuktas Act, 2013, the CBI Director’s appointment has to be made on the recommendation of the Prime Minister, leader of the single largest Opposition party and the Chief Justice of India (or a Supreme Court judge nominated by CJI).

The Supreme Court had on March 12 issued notice to the Centre on a PIL filed by NGO Common cause seeking appointment of a regular CBI Director by the selection committee of the Prime Minister, Chief Justice of India and Leader of Opposition.

It had asked the Centre to respond to the petition which questioned the government’s move to appoint an acting/interim CBI Director after the term of the previous CBI Director got over.

The NGO alleged that the probe agency’s work was suffering.

“The government has failed to appoint the Director of CBI as per Section 4A of the Delhi Special Police Establishment Act, 1946 on the expiry of the term of the last incumbent Director Rishi Kumar Shukla on February 2 this year and has instead, vide order dated February 3, appointed Praveen Sinha as an interim/acting CBI Director till the appointment of new CBI Director, or until further orders,” the petition submitted.

The NGO urged the top court to direct the Centre to initiate and complete the process of selection of the CBI Director well in advance—at least one to two months before the date on which the vacancy in the post of CBI Director occurred in future.

The petitioner has sought a direction to the Centre “to appoint a regular Director of CBI forthwith by following the procedure laid down in Section 4A of the Delhi Special Police Establishment Act, 1946, as amended by the Lokpal and Lokayuktas Act, 2013.” 

Under the amended law, the CBI Director’s appointment has to be made on the recommendation of the Prime Minister, leader of the single largest Opposition party and the Chief Justice of India (or a Supreme Court judge nominated by CJI).

The petitioner referred to the top court’s 1998 verdict directing that Director CBI would have full freedom for allocation of work in the CBI including constitution of investigation teams. It had also directed that there should be a selection committee to identify a panel of names for the appointment of Director CBI, and thereafter the final selection to be made by the Appointments Committee of Cabinet.

This Court had said the CBI Director would have a fixed tenure of two years to ensure that ad-hocism in the appointment and functioning of the CBI Director was eliminated and his independence was maintained, the NGO pointed out.

Join Whatsapp Channel of The Tribune for latest updates.