The Centre on Friday faced tough questions from the Supreme Court on its decision to remove a Special Director of the Central Bureau of Investigation (CBI) in line to become the next chief of the agency and install a man of its choice in the post without following the procedure that required the Prime Minister to sit with the Chief Justice of India and leader of the largest Opposition party to choose the next Director.
The Court asked the Centre to explain why CBI Special Director RK Dutta was moved as Special Secretary, Internal Security in the Ministry of Home Affairs (MHA) with just two days left for Anil Sinha to retire as Director on December 2. A petition filed by NGO Common Cause saw through the plot to remove Dutta and alleged in its PIl that the entire attempt was to scuttle Dutta’s ascension to the top post in the premier investigating agency.
Giving time to the Centre to respond by Friday, the bench of Justices Kurian Joseph and Rohington F Nariman asked Additional Solicitor General (ASG) Tushar Mehta whether the Central Vigilance Commissioner (CVC), the Vigilance Commissioners had recommended curtailment of Dutta’s tenure in CBI. It referred to Section 4C of the Delhi Special Police Establishment Act that said that curtailment of tenure of any officer in CBI above Superintendent of Police rank required a Committee comprising CVC, Vigilance Commissioners, Union Home Secretary and another Secretary rank officer in Cabinet Secretariat to recommend the same.
The bench asked Mehta, “The Act says, even for curtailing tenure you require permission of the Committee. Show us on Friday where has this been done.”
The PIl before the Court, argued by advocate Prashant Bhushan further pointed out that Dutta carried rich experience of 15 years in the Anti-Corruption wing of CBI and was handpicked to supervise the probe into the 2G and coal scam cases due to his integrity and honesty. monitoring both cases. Since he was involved in those two cases too, Bhushan said that removal of Dutta amounted to contempt of Court as in past directions, the Court has held that no officer is to be removed without its prior permission.
The bench asked Mehta to show proof on this front too in order to escape scrutiny by Court. Bhushan’s petition had challenged the Centre’s decision to foist one Rakesh Asthana, an IPS officer as Interim Director of CBI throwing to winds the mandate of law under the DSP Act providing for a high profile Committee headed by Prime Minister and comprising leader of Opposition and Chief Justice of India or his nominee to select a Director. Asthana held important posts in Gujarat Police and headed the SIT that probed the Godhra train burning incident.