Common Cause Moves Supreme Court Against Appointment Of Interim Director Of CBI; Seeks Directions For Appointment Of Regular Director

The public interest litigation also opposes 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.

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.

Thus, the aforesaid direction should be squarely applicable in the case of CBI Director to the effect that the Centre shall never conceive of the idea of appointing any person on the post of Director, CBI on an acting/interim basis.

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, (2019) 18 SCC 246, 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."