'Will See Next Time This Happens': Supreme Court Disposes Plea Against Practice Of Appointing Interim Director For CBI

A division bench of Justices Sanjiv Khanna and SVN Bhatti refused to ‘continue further’ with the petition in view of the fact that Sinha, whose appointment was challenged, was succeeded by two regular directors. But the counsel for the NGO urged the court to issue directions with respect to the other prayers in the petition related to the ‘opaqueness’ of the appointment process and its timeline.

Justice Khanna said that CBI directors were normally appointed without invoking the emergency provision to appoint an interim chief till a high-powered selection committee finalised a candidate for the post of a regular director. The counsel protested. “This is the fourth petition Common Cause had to file because they keep appointing acting directors.”

“For how long?” Justice Khanna inquired.

“Two to three months,” the counsel responded.

The judge replied, “Two to three months is fine.”

“There's a judgment of this court,” the counsel tried again, “There are no powers of an acting director...”

Justice Khanna replied:

“We have understood. Next time this happens, we will see. This is not required now since they normally…If there is any problem arising, you file a petition six months before the term of the CBI director is about to expire. We will take care of that.”

“It would be advisable if process of appointment starts two months prior to retirement of an incumbent director,” the counsel argued.

“It will happen. Your notice will serve the purpose.” The judge said. Ultimately, the bench disposed of the petition with the following order:

“In view of the fact that substantive prayer made in petition has become infructuous, we are not inclined to continue further with this and dispose of the same. However, it will be open to the petitioner to file a fresh petition if circumstances so warrant with respect to other prayers made in petition.”

Background

In March 2021, Common Cause filed a writ petition in the Supreme Court seeking the appointment of a regular director of the Central Bureau of Investigation. Praveen Sinha had been appointed as an interim director of the central agency a month before this, to serve in the position till the high-powered selection committee chose a full-time director. The petitioners alleged that while an acting director could be appointed under extraordinary circumstances, the practice of appointing officers to serve in the role as temporary measure was a ‘regular occurrence’.

Under the Delhi Special Police Establishment Act, 1946, the appointment of a CBI director is made by a high powered committee comprising the Prime Minister, the Chief Justice of India, and the Leader of Opposition. Arguing that a proper appointment was necessary as per the statute in order to uphold the rule of law, the petitioner-organisation prayed for appropriate directions to the Centre to initiate the process of selecting a regular director immediately. Additionally, Common Cause also urged the court to issue directions mandating the process of selection of the CBI Director to take place well in advance – at least a month or two before the date on which the vacancy shall occur.

In March 2021, the Supreme Court issued notice. Two months later, in May, a high-powered selection committee appointed Subodh Kumar Jaiswal as a regular director, who was succeeded earlier this year by the incumbent Praveen Sood.

Earlier, in 2019, Common Cause and transparency activist Anjali Bharadwaj had also challenged the appointment of M Nageshwara Rao as an interim director of the Central Bureau of Investigation, accusing the central government of following an opaque process in the appointment of the heads of the central agency. Although the top court dismissed the petition because Rishi Kumar Shukla took over as a regular director before the conclusion of the case, the top court had barred Rao from taking any major policy decisions during its pendency.

Case Details

Common Cause v. Union of India | Writ Petition (Civil) No. 291 of 2021

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