HPC For Appointment Of CBI Director To Convene After May 2 Owing To Non-Availability Of LoP: Centre Tells SC

The Centre has informed the Supreme Court that the PM-led High Powered Committee for the appointment of the CBI Director has not been able to convene so far on account of the absence of the leader of the single largest party in the Lok Sabha.

Annexing the letter addressed by the Secretary, Department of Personnel and Training to AG K. K. Venugopal in this behalf, the Centre has further communicated that since Mr. Adhir Ranjan Chowdhury, LoP, Lok Sabha has intimated that he shall be available only after May 2, it is only after such date that the committee can meet.

Section 4(A)(1)of the Delhi Special Police Establishment Act 1946 requires that the central government shall appoint the director on the recommendation of the committee consisting of the Prime Minister as the Chairperson and the leader of the single largest opposition party in the House of People and the Chief Justice of India as members. The committee recommends a panel of officers on the basis of seniority, integrity and experience in the investigation of anti-corruption cases, and chosen from amongst the persons officers belonging to the IPS, for being considered for appointment as the director. 

In the affidavit of the Centre, it is submitted that the DoPT is the administrative department in the Government of India dealing with matters relating to the CBI. Accordingly, in order to convene a meeting of the aforementioned committee for the purpose of the appointment of the next Director of the CBI, the Secretary (DoPT) contacted the Leader of the single largest opposition party in the House of the People. The Secretary (DoPT) was informed by Shri Adhir Ranjan Chowdhury that he would not be available to participate in the meeting till 02.05.2021. "A copy of the letter dated 18.04.2021, from the Secretary, DoPT (to the AG), recording this fact is annexed herewith", states the affidavit.

"It is for your kind appraisal that the meeting of the committee constituted under section 4(A)(1) to be convened for recommending the panel for the appointment of the Director, CBI could not be convened as yet...the Secretary to the Ministry of Personnel, Public Grievances and Pensions in the DoPT contacted Shri Adhir Ranjan Chowdhury, the leader of the single largest opposition party in the House of People (Indian national Congress), and Shri Chaudhary informed that he will not be available till May 2, 2021. Therefore, a meeting of the said Committee would be feasible to be convened only after May 2, 2021, keeping in view the convenience of all the members of the aforesaid committee to be able to attend in person", reads the communication by the Secretary, DoPT to the AG.

In the light of the foregoing, the affidavit assures that a meeting of the committee under Section 4A of the Act shall be convened immediately after 02.05.2021. "It may be mentioned that Shri Praveen Sinha, who has been directed to look after the duties of the Director, CBI, till the appointment of the new Director, is senior-most IPS Officer posted in the rank of Additional Director, CBI", it is added.

A bench headed by Justices L Nageswara Rao is presently 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.

On April 5, the bench had orally remarked that interim appointments of the CBI cannot go on.

"The in-charge arrangements for CBI director cannot go on. There is a point in what Mr Bhushan says", Justice Nageswara Rao had told Attorney General KK Venugopal.

The AG had said that the senior most person was appointed as CBI interim director. On that occasion, the AG had 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.