The Supreme Court on Tuesday said that there was no need to interfere with the validity of M. Nageswara Rao’s appointment as the interim director of the Central Bureau of Investigation (CBI) since a new director had been appointed under the due process.
It also refused to lay down guidelines for future appointments for the post of CBI director.
Accordingly, the petition challenging the validity of Rao's appointment as interim director of CBI was disposed of.
Rao was made interim CBI director after a selection panel comprising Prime Minister Narendra Modi, leader of opposition Mallikarjun Kharge and Justice A.K. Sikri of the Supreme Court removed Alok Verma from the post on 10 January.
The apex court had on 1 February asked attorney general K.K. Venugopal why the government had not appointed a director to the CBI.
An interim director should not be allowed to continue for long as the position is too important to be handled in an ad hoc manner, Justice Arun Mishra observed on Wednesday while hearing a petition against Rao’s appointment filed by non-government organization (NGO) Common Cause. The court also asked the attorney general to look into the decisions made by Verma from the time he had rejoined as CBI director till he was removed from the post.
Venugopal had told the court that approval from the high-powered selection panel had been obtained for Rao to continue as interim director.
The petition by Common Cause, however, argued that Rao’s appointment as interim director was not made on the basis of recommendations of the high-power selection panel and deemed it to be “illegal, arbitrary, mala fide and in violation of the provisions of the Delhi Special Police Establishment Act".
The plea also sought the apex court’s direction to the centre to ensure all records of deliberations and rational criteria related to shortlisting and selection of the CBI director are made available to citizens under provisions of the Right to Information Act, 2005.
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