SC frees CBI, ED from Govt grip

While the court declined to go into the legality of the appointment of CBI chief R C Sharma, saying that his tenure was to end soon, it said: “We however, make it clear that Mr Sharma is not to be continued as CBI director beyond the date of expiry of his present tenure.”

Pointing out that the government was answerable for the CBI’s functioning, the court, however, set up a system of checks and balances to ensure a free hand in investigations. To that effect, the Central Vigilance Commission (CVC) has been asked to review the CBI’s work to bring about “visible objectivity in the mechanism for overviewing the CBI’s working.”

The court directed that the selection for the post of the Central Vigilance Commissioner be made by a committee comprising the Prime Minister, the Home Minister and the Leader of the Opposition from a panel of distinguished civil servants to be furnished by the Cabinet Secretary.

It’s the court’s directive on the appointment of CBI and ED directors that’s a significant break from tradition. The Central Vigilance Commissioner will now head a committee that will recommend names for the appointment of the CBI director, the judges said. Also on the committee will be the Home Secretary and Secretary (Personnel) as members who will consider the opinion of the incumbent director too. As for the ED director’s appointment, the Revenue Secretary will be a part of the board.

This committee shall draw up a panel of IPS officers on the basis of their seniority, integrity and experience in anti-corruption investigation. The final selection shall be made by the appointments committee. If none among the panel is found suitable, the reasons shall be recorded and the committee asked to draw up a fresh panel.

The CBI director shall have a minimum tenure of two years, regardless of his/her retirement date. This would ensure that an officer suitable in all respects is not ignored merely because he has less than two years to retire from the date of his appointment, the court said. As for the transfer of an incumbent CBI director, the selection committee’s approval is mandatory.

Regarding selection or extension of tenure of officers up to the level of joint director, the court has ruled that this be decided by a board comprising the Central Vigilance commissioner, Home secretary and Secretary (Personnel) with the CBI director providing the necessary inputs.

For officers up to the level of joint director, extension of tenure or selection will have to be approved by the board too.

The court has also issued a set of guidelines for improvement of infrastructure and methods of investigation.

In order to strengthen the agencies’ in-house expertise, professionals from the revenue, banking and security sectors should be inducted, the judges said. Also, a team of experienced lawyers should assist the agencies in prosecution of sensitive cases, the court has said. And if any case ends in discharge or acquittal, it should be reviewed and responsibility fixed, the judges said.

To increase transparency, the court has asked the agencies to publish regular reports to provide the public feedback on investigations and information for redressal of grievances. The court has also asked for a nodal agency to be set up for cases involving the politician-bureaucrat-criminal nexus. This agency will be headed by the Home Secretary with Member (investigation), Central Board of Direct Taxes; Director General, Revenue Intelligence; CBI and ED directors.