E-Paper
SC refuses to entertain PIL on ED chief selection rejig
The petition states that with time, as the prominence of ED has evolved, the Court must consider the independence of the selection committee that appoints the director and the process followed must be “transparent and the criteria adopted to shortlist candidates for the post be put out in public domain”
The Supreme Court on Friday showed its disinclination to entertain a petition seeking change in the composition of the committee that selects the head of the enforcement directorate (ED) causing the petitioner, NGO Common Cause, to withdraw the petition.
The petition argued by advocate Prashant Bhushan stated that with time, as the prominence of ED has evolved, the Court must consider the independence of the selection committee that appoints the director and the process followed must be “transparent and the criteria adopted to shortlist candidates for the post be put out in public domain”.
However, the bench of justices BR Gavai, PS Narasimha and PK Mishra refused to entertain the petition.
At present, the selection of the director of ED is done under section 25 of the Central Vigilance Commission Act, 2003 by a committee headed by the central vigilance commissioner (CVC), two vigilance commissioners along with secretaries of three central ministries – home, finance and personnel and training.
The petition argued that the CVC and vigilance commissioners are appointed by a committee where the government has a greater say as this committee comprises the prime minister, Union home minister and the leader of the Opposition in Lok Sabha.
“The predominance of members of the executive in the said committee compromises the institutional integrity and Independence of the ED, which is the premier agency investigating cases of money laundering, a large number of which involves politicians,” the petition reads.
Advocate Bhushan said that the ED is being used as a “political tool” by the central government to target members of the Opposition parties and demanded that the ED director’s selection should be on the same lines as that of the director of the central bureau of investigation (CBI) with the prime minister at the helm followed by two other members comprising leader of opposition in Lok Sabha and chief justice of India (CJI) or his nominee.
In July, the Supreme Court had allowed Enforcement Directorate (ED) chief Sanjay Kumar Mishra to continue till September 15 instead of its previous deadline of July 31 citing “larger public interest”.
As the bench was not willing to issue notice on the petition, Bhushan requested the Court to withdraw the petition which that Court allowed.
