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Consider meet on CBI chief before May 2: SC
The selection committee comprises the prime minister, the chief justice of India (CJI) and the leader of the single largest opposition party in the Lok Sabha.
The Supreme Court on Monday expressed its concern at one of India’s top federal investigating agencies, the Central Bureau of Investigation, continuing to work under an interim chief, and asked it why a new one could not be appointed this month itself.
“In-charge arrangement for the CBI director cannot go on...why can’t you do it earlier? You must consider doing it before May 2,” the bench told attorney general KK Venugopal, who represented the Centre in the top court, which was hearing a public interest litigation (PIL) by NGO Common Cause on the appointment of a a full-time CBI director.
Not finding favour with the government’s submission that it would continue with an ad-hoc arrangement till the ongoing assembly elections end in the first week of May (results are to be announced on May 2), the bench of justices L Nageswara Rao and Vineet Saran wanted to know why a meeting of the selection committee to pick the new director can’t be held in the current month itself.
The selection committee comprises the prime minister, the chief justice of India (CJI) and the leader of the single largest opposition party in the Lok Sabha. The tenure of former CBI director Rishi Kumar Shukla ended on February 3. A day later, Gujarat cadre IPS officer and additional director Praveen Sinha was appointed as the interim chief of the agency.
On Monday, Venugopal submitted that the meeting of the selection committee was scheduled for May 2 and that after Shukla’s retirement, the senior most person in the agency was made in-charge.
“The acting chief is there is because of the convenience of all the members of the selection committee, including the CJI,” said Venugopal.
But Venugopal’s statements did not go down well with advocate Prashant Bhushan, who appeared for the petitioner.
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“First, they have violated the Supreme Court’s order which was clear that there cannot be an acting chief of CBI. Second, why has the meeting been fixed on May 2? Is it to supersede the present CJI and wait for the next chief to sit over the meeting? There has to be a reason why they want the present CJI not to oversee this appointment,” Bhushan contended. CJI SA Bobde is set to retire on April 23. Justice NV Ramana will take over on April 24.
Bhushan’s arguments triggered an intervention from solicitor general Tushar Mehta, who also appeared for the government and the department of personnel and training (DoPT).
“I strongly object to such insinuations . This is an abuse of the process of law. What kind of public interest is being advanced by abusing all institutions ? Such submissions challenge the majesty of this court. What is his locus? ,” submitted Mehta.
Mehta added that the meeting of the selection committee was deferred since there were elections going on in various states and the appointment might have some repercussions.
However, the court remained unimpressed with the law officers’ explanation. “Why can’t you do it early?. You must do it before May. Consider this...There is a point in what Bhushan says that there is no concept of having an acting chief,” retorted the bench.
Asking the government to put on record its formal reply , the bench posted the matter on April 16 and said that it would pass the final order on the next date of hearing.
The PIL 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 PM, leader of the single largest Opposition party and the CJI (or a Supreme Court judge nominated by the CJI).
The NGO has also urged the apex court to direct the Centre to, in the future, 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 occurs .
