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Supreme Court notice to Centre on PIL for appointment of regular CBI director   

Advocate Bhushan said the CBI suffered due to the non-appointment of a regular director
Last Updated 12 March 2021, 08:19 IST

The Supreme Court on Friday issued notice to the Centre on a plea by an NGO for a direction to the Centre to immediately appoint a regular CBI director.

The petition, filed by advocate Prashant Bhushan on behalf of NGO 'Common Cause', contended that a proper appointment 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.

A bench of Justices L Nageswara Rao and S Ravindra Bhat sought a response from the Union government while refusing to issue immediate order on the convening of the high-powered selection panel.

Advocate Bhushan said the CBI suffered due to the non-appointment of a regular director. He said there was no provision for the appointment of acting director.

Pravin Sinha has been appointed as interim director following the retirement of R K Shukla.

The counsel asked the court to issue direction for a meeting of selection panel for the purpose.

The bench, however, said, "We would not pass order without hearing the Union government".

The plea said the CBI director is the final authority in the organisation, that is why the court and Parliament have made determined efforts to enhance his functional autonomy and limit the extent of executive discretion in the matter of appointment.

The CBI director is appointed by a committee of the Prime Minister, leader of the single largest party, and the CJI or his nominee.

In its petition, the NGO said the government has failed to appoint a regular CBI director as per section 4A of the Delhi Special Police Establishment (DSPE) Act, on the expiry of term of Rishi Kumar Shukla on February 2 and instead appointed Praveen Sinha as an interim director.

It said that the top court has time and again entrusted important cases of corruption and violation of human rights to the CBI for investigation. The CBI has, sometimes under the monitoring of the top court, investigated important cases involving powerful and influential individuals.

The plea urged the top court to issue a direction to the Centre to initiate and complete the process of selection of the CBI director well in advance, at least one to two months before the vacancy.

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(Published 12 March 2021, 08:19 IST)

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