Common Cause Updates

Supreme Court

Petition Challenging the Appointment of Interim Director, CBI

Common Cause has filed a PIL in the Supreme Court challenging the appointment of an “Interim Director bypassing the selection procedure.” It also sought a direction for the appointment of a regular Director of the Central Bureau of Investigation (CBI). The petition was filed on March 2, 2021 and is likely to be listed on March 12, 2021.

As per the Delhi Special Police Establishment (DSPE) Act, 1946, the appointment of the Director, CBI is to be made by the HighPowered Committee, consisting of the Prime Minister, leader of the single largest opposition party and the Chief Justice of India (CJI) or any judge of the Apex Court nominated by the CJI.

The plea has sought direction to the executive to initiate the process of selecting a regular

Director without delay. The petition has also sought a direction to the Centre to initiate and complete the process of selection of the CBI director well in advance. The selection process should be completed at least one to two months before the date on which the vacancy to the post is about to occur.

In 2019, Common Cause had challenged the appointment of M Nageshwar Rao as Interim Director, CBI (W.P. (C) 54/2019) on similar grounds. On February 19, 2019, while declaring the decision of the case, the Court indicated that if due process is not followed in appointments, it is always open to any incumbency and the said appointments could be questioned in accordance with the law.

Petition Challenging ReAppointment of the Director of Enforcement Directorate

Common Cause has filed a PIL in the Supreme Court on November 27, 2020, seeking a direction for the appointment of the Director, Enforcement Directorate (ED), in a fair and transparent manner and strictly in accordance with law as mandated by Section 25 of the Central Vigilance Commission Act, 2003.

The writ petition has prayed for the quashing of the central government’s order dated November 13, 2020, to retrospectively amend the tenure of Sanjay Kumar Mishra as ED Director. The order, extending the tenure of the Director, ED, is in violation of the CVC Act.

The bench of Justices L Nageswara Rao and S Ravindra Bhat issued notice on February 15, 2021 and the matter is likely to be listed on April 5, 2021.

Illegal Mining in Odisha

This matter was listed thrice in January 2021, where some interlocutory applications filed by interested parties were disposed.