CBI Director’s appointment: CJI invoked rules to eliminate government’s choices

Mukesh Ranjan

Tribune News Service

New Delhi, May 25

Chief Justice of India (CJI) NV Ramana had invoked a 15-year-old Supreme Court’s verdict, which says a person having less than six months of service left should not be considered for the appointment as Police chiefs, to stall the candidature of two of the IPS officers – BSF DG Rakesh Asthana and NIA chief YC Modi – reckoned to be the government’s favourites for the post of CBI Director, sources said.

The CBI Director’s appointment is guided by Section 4(A) of the Delhi Special Police Establishment Act, 1946 – as amended by the Lokpal and Lokayuktas Act, 2013, which does not talk of any such pre-condition.

This was for the first time that this ruling was being applied to appointment of Director of the CBI, sources said, adding that, disqualified Asthana, who retires on July 31 and YC Modi, who retires on May 31.

According to the amended law the CBI Director’s appointment has to be made on the recommendation of the Prime Minister, leader of the single largest Opposition party and the Chief Justice of India (or a Supreme Court judge nominated by CJI).

However, in the meeting of the high-profile selection panel led by Prime Minister Narendra Modi, the CJI is said to have brought up the Supreme Court’s 2006 verdict in Prakash Singh’s case on Police reforms that stipulated that officers having less than six months to retire should not be considered for the top police jobs.

With Justice Ramana pointing out the legal position the government was forced to drop its supposed favourites and moved on to consider other names after Congress leader in Lok Sabha Adhir Ranjan Chaudhury lent his support to the CJI’s views, sources said.

Thereafter, when other three names-former Maharashtra Director General Of Police Subodh Kumar Jaiswal, Director General of Sashastra Seema Bal (SSB) KR Chandra and Special Secretary (Internal Security) in the Ministry of Home Affairs (MHA) VSK Kaumudi- came up for consideration Chaudhary gave a dissenting note citing procedural lapses while the majority- PM and CJI – authorised the government to select best of the three for the top job.

The post is lying vacant since the expiry of the term of the last incumbent Director Rishi Kumar Shukla on February 2, this year, and the government appointed Praveen Sinha as an interim/acting chief till the appointment of new CBI Director, or until further orders.