SC to hear plea against Rakesh Asthana’s appointment as CBI director1 min read . Updated: 07 Dec 2016, 11:59 AM IST
A PIL in the Supreme Court says Rakesh Asthana's appointment as CBI director has not been made according to due procedure in law
New Delhi: The Supreme Court on Wednesday agreed to hear a plea challenging the appointment of Rakesh Asthana as the Central Bureau of Investigation (CBI) director.
On 2 December, the ministry of home affairs gave Asthana, a 1984 batch Gujarat cadre Indian Police Service officer, additional charge of director, after incumbent Anil Sinha retired. Asthana is also the bureau’s additional director.
Asthana was part of the special investigation team that probed the 2002 Godhra train burning incident and headed the investigation of the fodder scam implicating former Bihar chief minister Lalu Prasad Yadav.
A bench headed by chief justice T.S. Thakur was hearing a case filed by non-profit Common Cause.
“The appointment is not made according to due procedure in law. It also violates earlier rulings of the apex court that lay down procedure of appointment for CBI chief," Common Cause told the court.
The apex court in 1997 had directed that recommendations for appointment of the CBI director shall be made by a committee headed by the Central Vigilance Commissioner.
The court had said that the search committee will also comprise of the central home secretary and the views of the incumbent director shall be considered.
Additionally, the 2013 Lokpal and Lokayukta Act mandates that the director shall be appointed on the recommendation of a Prime Minister-headed committee comprising the leader of opposition (LoP) and the Chief Justice of India or any judge of the Supreme Court nominated by him.
The case will be heard next on 9 December.