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Interim Appointments For CBI Director Cannot Go On, Says Supreme Court In Common Cause's Plea Seeking Regular Director
LIVELAW NEWS NETWORK
5 April 2021 7:53 AM GMT
The Supreme Court on Monday orally remarked that interim appointments of the Central Bureau of Investigation(CBI) cannot go on.A bench comprising Justices L Nageswara Rao and Vineet Saran was hearing a petition filed by NGO Common Cause seeking the appointment of a regular director for the Central Bureau of Investigation.The public interest litigation opposes the appointment of Mr....
The Supreme Court on Monday orally remarked that interim appointments of the Central Bureau of Investigation(CBI) cannot go on.
A bench comprising Justices L Nageswara Rao and Vineet Saran was hearing a petition filed by NGO Common Cause seeking the appointment of a regular director for the Central Bureau of Investigation.
The public interest litigation opposes the appointment of Mr. Praveen Sinha as an interim / acting CBI Director, after expiry of the term of the last incumbent viz. Mr. Rishi Kumar Shukla on February 2 this year.
Advocate Prashant Bhushan, appearing for the petitioner NGO, submitted that there is no provision for the appointment of an acting director. He said that the work of CBI was suffering because of the lack of a regular director.
"The in-charge arrangements for CBI director cannot go on. There is a point in what Mr Bhushan says", Justice Nageswara Rao told Attorney General KK Venugopal.
The AG said that the senior most person was appointed as CBI interim director. The AG further informed that the meeting of the High Powered Committee(comprising Prime Minister, CJI and the Leader of Opposition) has been deferred to May 2 in view of the ongoing elections and also the impending retirement of the incumbent CJI SA Bobde on April 23.
"They cannot byepass the CJI like this", Advocate Bhushan responded to the AG's submission.
At this juncture, Solicitor General Tushar Mehta intervened to make a vehement submission questioning the locus of the petitioner.
Launching an attack on the credentials of the petitioner, the SG said :
"Unscrupulous public spirited citizens are making accusations left, right and centre against individuals and institutions. Your lordships' majesty is being taken for granted by the so-called PIL petitioners", the SG said.
"Let them abuse me but we will show how this association had filed cases which led to so many orders", Bhushan responded.
The bench said that it will consider the arguments next Friday. AG KK Venugopal said that the reply to the petition will be filed soon.
The plea states that appointment of a full-time Director as per the statutory law is necessary for upholding the rule of law and for enforcement of the rights of the citizens under Articles 14 and 21 of the Constitution of India.
It also refers to the case of Prakash Singh v. Union of India, (2019) 4 SCC 13, against appointment of Director General of Police on acting basis and argues that just like DGPs are heads of police force in states and CBI Director leads the premier Central Investigating agency.
It has urged the Court to issue directions to the Central Government to appoint a regular Director of CBI forthwith in accordance with Section 4A of the DSPE Act.
The provision states that the Central Government shall appoint the CBI Director on the recommendation of the Committee consisting of the Prime Minister, the Leader of Opposition and the Chief Justice of India.
That apart, the Petitioner has sought a general direction to the Union of India, to make sure that it initiates and completes the process of selection of the CBI Director well in advance, atleast 1 to 2 months before the date on which the vacancy in the post of CBI Director is about to occur in future.
In this context, it has referred to the case of Anjali Bhardwaj v. Union of India where the Supreme Court with regard to vacancies at Central Information Commission and State Information Commissions had held, "it would be apposite that the process for filling up of a particular vacancy is initiated 1 to 2 months before the date on which the vacancy is likely to occur so that there is not much time-lag between the occurrence of vacancy and filling up of the said vacancy."
Earlier, Common Cause had challenged the appointment of M Nageswara Rao IPS as the Acting Director of the CBI in 2019, following the ouster of Alok Verma.
