The Supreme Court on Tuesday refused to intervene in the process of re-appointment of M. Nageshwar Rao as the interim CBI Director in January.
A Bench led by Justice Arun Mishra said a regular CBI Director has already been appointed in Mr. Rao's stead. The court also refused to delve into the issues of more transparency raised by NGO and petitioner, Common Cause.
The petitioner, represented by advocate Prashant Bhushan, said the government had “completely bypassed” the statutory requirement to consult the high-powered selection committee of the Prime Minister, Opposition Leader and the Chief Justice of India before appointing Mr. Rao.
The NGO and activist Anjali Bhardwaj had termed the January 10 order of the government handing over the charge and work of the CBI Director to Mr. Rao as “illegal”.
“The Government of India has attempted to stifle the independence of the institution of the CBI by appointing the Director of the CBI in an arbitrary and illegal manner,” the petition had contended.
It said the mandatory requirement under Section 4A of the Delhi Special Police Establishment (DSPE) Act of 1946 to consult the high-powered selection committee was a statutory measure to make the appointment process of the CBI Director free from government interference.
“The DSPE Act as amended by the Lokpal and Lokayuktas Act, 2013 provides for the appointment of the CBI Director by a high-powered selection committee which does not have a preponderance of the government and its representatives. The committee consists of the Prime Minister, the Leader of Opposition and the Chief Justice of India or any Judge of Supreme Court nominated by him,” the petition said.
Besides, it argued that Mr. Rao’s earlier appointment as interim CBI Director following the ouster of Alok Verma on October 23 was quashed by the Supreme Court in a judgment on January 8. Yet the January 10 order has stated that the Appointment Committee of the Cabinet approved the appointment of Mr. Rao “as per the earlier arrangement”.
“The October 23 order making Mr. Rao interim CBI Director was quashed by the Supreme Court on January 8 for violating the procedure for appointment of CBI Director as defined in the DSPE Act… However, the government still invoked its earlier order which had been quashed, to once again make Shri Nageshwar Rao Interim Director of the CBI even though it was not the competent authority and did not have any powers to make the appointment,” the petition said.
Lack of transparency in the appointment of the CBI Director allows the government to exercise undue influence in the appointment process especially at the stage of short-listing of candidates, the petition said.