The Centre has denied RTI requests for information on how Central Bureau of Investigation (CBI) Director Alok Verma was divested of his powers last October. It is also unwilling to provide information on the ongoing selection process to appoint his successor, once his term finishes end of the month.
On October 23, 2018, the Department of Personnel and Training (DoPT) and the Central Vigilance Commission (CVC) invoked powers of superintendence over the CBI to issue orders divesting Mr. Verma of his powers. The legal validity of those orders is now under challenge in the Supreme Court.
National Campaign for People’s Right to Information co-convenor Anjali Bhardwaj filed RTI requests with both DoPT and CVC, asking for copies of the relevant orders as well as related file notings and correspondence.
Her requests were denied by the CVC, which cited Sections 8 (1) (g) and (h) of the RTI Act that provide exemptions for information endangering someone, identifying a law enforcement source or impeding the process of an investigation.
The DoPT said all orders issued on that date were available at a link on its website. However, the order regarding divesting the CBI Director of his powers is not available there, said Ms. Bhardwaj. The DoPT also said information on file notings and correspondence were not available with it.
“In a democracy, it is important to have transparency in the appointment and removal of key players in our institutions,” said Ms. Bhardwaj. “Copies of correspondence and file notings would reveal important information which formed the basis of the decision to divest the CBI Director of his powers, but the government is denying it. It is also not sharing information on the process to appoint his successor.”
RTI queries regarding the meetings of the selection committee, candidates who have been shortlisted, or the criteria involved in shortlisting, were all returned with a summary response from the DoPT that the process, “has not attained finality.” The replies also noted that, in accordance with a Supreme Court order, all Indian Police Service (IPS) officers of the four seniormost batches would be considered for the post.
“In order to ensure public trust in the institution of the CBI, it is critical that the appointment of the Director be made in a timely manner and there be transparency in the process of appointment, which will enable public scrutiny,” said Ms. Bhardwaj.
She noted that when the previous CBI Director had retired in December 2016, the government had failed to convene a meeting of the Selection Committee to appoint his successor, resulting in Rakesh Asthana being named Interim Director. It was only after a Public Interest Litigation (PIL) was filed in the Supreme Court that Mr. Verma was selected and appointed as Director.
The selection committee for the appointment of the CBI’s Director consists of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI) or a Supreme Court judge nominated by the CJI.