Govt amends CVC ordinance
Non-bureaucrats included

NEW DELHI, Oct 28 (PTI) — Setting at rest the controversy generated by an ordinance issued in August to constitute the Central Vigilance Commission (CVC), the government has promulgated another ordinance to make the commission a four-member body that will now include non-bureaucrats.

The government also dropped from the August 25 ordinance, which had made commissioners’ post open only to bureaucrats, the "single directive" provision by which it was mandatory for any investigating agency to seek permission of the competent authority before launching probe against officials above the rank of joint secretary and other high-ranking bank and public sector officials.

The CVC (amendment) ordinance promulgated last night also omitted the post of ex-officio member of the commission given to the Secretary Personnel to the Government of India, Attorney-General Soli Sorabjee submitted before a three-judge bench headed by Mr Justice S.P. Bharucha.
The bench after hearing Mr Sorabjee, who earlier had said that he was for fine-tuning of the ordinance, said "we are satisfied with the changes brought in by the government".

The objections to the ordinance, which was raised by amicus curiae Anil Divan during the hearing of Rs 1000 crore Indian Bank scam, stood addressed, Mr Sorabjee said.

The CVC (amendment) ordinance was submitted today before a three-judge bench of the Supreme Court comprising Mr Justice SP Bharucha, Mr Justice GT Nanavati and Mr Justice BN Kirpal.

The court had taken strong exception to these three provisions in the ordinance after objections were raised by amicus curiae Anil Divan.

The bench satisfied with the changes incorporated by the government in the amendment made to the CVC ordinance closed the chapter and said it would resume hearing on the Indian Bank scam case on November 18.

Attorney-General Soli Sorabjee submitted that by the amendment that the vigilance commissioners could be selected from among experts from financial field including those in banking, law, vigilance and investigations.

This amended provision made it clear that the commissioners could also be from fields other than bureaucrats, Mr Sorabjee stated.

He said in the four-member commission there could not be more than three persons either from the bureaucrat or non-bureaucrat category.

The governments volte face came shortly after the transfer of Enforcement Director MK Bezbaruah was revoked after the Supreme Court during the proceedings of the same Indian Bank scam and subsequent appointment of the Chief Vigilance Commissioner.

The court had expressed concern over the revival of the ‘single directive’ which it had questioned the functioning of the CVC and its proceedings could not be challenged due to the non-appointment of three Vigilance Commissioners in its Jain-Hawala judgement had quashed the ‘single directive’.

Amicus curiae in the case, Anil Divan, had said the ordinance limited the appointment of the CVC only to IAS officers disregarding both law commission guidelines and the apex court’s directive in the Jain hawala case.

Mr Divan had said the Jain hawala judgement "clearly mentioned the panel could be from ‘civil servants and others. The Law Commission draft also clearly contemplated ‘others’ being considered. Yet the ordinance confines the choice to civil servants".

He had contended during the last hearing that the ordinance by conferring original powers for investigation on the CVC has left open a dangerous scope for the commission to "interfering with the normal powers of investigation by the normal investigating agencies".

"What was clearly contemplated by the judgement was that the role of the CVC was superintendence by a single the CVC of impeccable integrity. This idea was discarded and jettisoned", the amicus curiae had lamented.

Mr Divan had said "Secretary of the Ministry of Personnel at present held by Arvind Verma has been made ex-officio member of the CVC. This is the department which controls the CBI and is under the PMO.

"Unlike the other Vigilance Commissioners he (Verma) does not have to take oath of office, does not go through the selection process and is a member of the commission though not a Vigilance Commissioner", Mr Divan had said.