When CBI recommended 5-year tenure for its chief. It was rejected

Two ordinances were brought in on Sunday by the Centre empowering itself to post the chiefs of CBI and ED for up to five years – with extension up to three years beyond their fixed tenure of two years.

NEW DELHI: A recommendation by the Central Bureau of Investigation (CBI) to have five-year tenure for its director was rejected during the tenure of the United Progressive Alliance-II government in 2012.

As director of CBI in 2012, senior IPS officer AP Singh pitched for a five-year term for the CBI but his recommendation did not find support with a panel of lawmakers that was taking a hard look at provisions of the Lokpal and Lokayukta Bil. (CBI)

The recommendation was made by CBI under former director AP Singh, who argued at that time that the agency needs continuity of the CBI director so that crucial corruption probes can be taken to logical conclusions. He reasoned that many high-profile cases linger on for years, and by the time an important development takes place, a new director joins the agency.

The matter was examined by the select committee of the Rajya Sabha which considered the Lokpal and Lokayukta Bill, 2011 but the committee didn’t accept the recommendation and decided to continue with a two-year term allowed to the CBI director under the Supreme Court ruling in the Jain hawala case.

Another key recommendation made by the CBI at that time was to have high powered committee comprising the Prime Minister, Leader of Opposition and Chief Justice of India, which will select the CBI director, a recommendation that was made by other prominent dignitaries such as the former Chief Justice of India JS Verma.

Since 2014, all the CBI chiefs have been appointed by this high-powered panel.

Singh refused to comment when contacted by HT on Monday.

However, a former high-ranking officer in CBI said “having fixed five-year tenure for the director would have been ideal but the latest arrangement of having three extensions of one year each after fixed two-year term is also welcome”.

“The only problem is that CBI and ED directors will now actively want their tenure extended every year after a two-year fixed term, which may impact their objectivity,” said this former officer, who didn’t want to be named.

This officer added that since ED directors can now also get a total of five years, their selection should also be done by a high-powered committee on the lines of CBI director. Currently, the ED chief is selected by a panel led by the central vigilance commissioner and comprising vigilance commissioners and secretaries of the department of personnel and training, and the revenue department.

Two ordinances were brought in on Sunday by the Centre empowering itself to post the chiefs of CBI and ED for up to five years – with extension up to three years beyond their fixed tenure of two years. The decision is likely to benefit current ED chief Sanjay Kumar Mishra, who completes his tenure this week. The Supreme Court in September asked the government not to give the ED director any further extension. However, the ordinance gives him chance at two more years to head the anti-money laundering agency.

Opposition parties have slammed the ordinances terming them illegal.