Govt turnaround on CVC; single-point directive scrapped

Two, it drops the provision which had restored the single-point directive making it mandatory for the CBI to seek government permission before probing charges against officials above the rank of joint secretary and senior officials in banks and public sector companies. The Supreme Court had struck down thisdirective last year to facilitate the investigation of corruption cases against high-ranking government officials.

Three, the Secretary Personnel will no longer be an ex-officio member of the Commission.

Official sources clarified, however, that the appointment of N. Vittal as Chief Vigilance Commissioner stands.

As per the amended ordinance, the Commission will now consist of a Chief Vigilance Commissioner and three Commissioners, one a bureaucrat and two non-bureaucrats who will be experts in the fields of finance, law, vigilance and investigation. This broadbases the Commission and gives it a balance which it did not have in the IAS-dominated setup envisaged earlier.

The details of the amendments were given by Attorney General Soli Sorabjee this morning to a three-judge bench headed by Justice S.P. Barucha which had last month struck down the transfer of Enforcement Director Bezbaruah. Expressing its satisfaction at the changes made by the Government, the bench disposed of the challenge to the CVCordinance.

The Government’s hopes of ending the embarrassing controversy over the CVC were, however, shortlived. While the Government beat a hasty retreat in Court, Urban Development Minister Ram Jethmalani added a new twist to the case by announcing that the Government was now seriously considering a proposal to make the CVC a single-member body.

He told correspondents today that the committee of four ministers ( of which he was a member) which had prepared the draft on the CVC had envisaged a single-member Commission with three Commissioners whose only role would be to aid and assist the Chief Commissioner. They would not have a casting vote.

Official sources maintained, however, that no more changes would be made to the ordinance. They pointed out that the Supreme Court’s suggestions on the CVC had been followed and there was no scope for any rethink on the issue.

The Government has faced two major embarrassments on matters related to corruption investigations. First, it was forced to reverse theabrupt transfer of Bezbaruah after the Court virtually accused it of misinterpreting its ruling in the hawala case which has given rise to the current efforts to overhaul the investigative system.

Now, it has had to retreat on the modalities of enlarging the CVC into a body with statutory powers to make investigations more effective.