Mallikarjun Kharge’s dissent note: Panel overlooked more competent CBI chief candidate

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Citing from judgments in the Vineet Narayan and others versus Union of India case, delivered in 1998 by Justice J S Verma, and Union of India versus C Dinakar IPS case, delivered in 2004 by Justice V N Khare, Kharge noted: “It is incumbent on this committee that the candidate who outranks other candidates on the parameters of experience in the field of anti-corruption and integrity must be accorded highest preference.”

Kharge wrote: “As per service record provided to the committee, selection of Shri Anil Kumar Verma.. who has ‘ NIL” experience in the CBI and in the field of anti-corruption, is a major departure and dilution to the above mentioned criteria which was followed by the successive governments for the post of director, CBI.”
Kharge argued that Dutta “is the most suitable candidate for the post of director, CBI, having a total of 208 months of experience in CBI and 43 months of experience as ADGP in the Karnataka Lokayukta under Justice Santosh Hegde (retired)”.

Insisting that Dutta was the most experienced in the field of anti-corruption, compared to the others, he said “this fact cannot be overlooked”.

Kharge said Verma had no experience in the CBI and anti-corruption investigations, except for 18 months in the state vigilance.

Pointing to how the Supreme Court had placed its “faith” on Dutta to supervise the 2G case, the coal scam and other investigations, Kharge said that “to protect the institutional independence of the CBI”, the committee should select the “most competent candidate” according to existing procedures and laws.

“It is abundantly clear that the Committee has overlooked a more qualified, experienced and competent candidate and also seniority, integrity and experience in the field of anti-corruption envisaged in the Act, which goes against the spirit and objective of this committee,” wrote Kharge. “Overlooking” Dutta’s experience “will not only be unfair but also put a question mark on the bonafide and intent of the Committee and also of the government,” said Kharge. Along with Verma and Dutta, Maharashtra DGP Satish Mathur had also been shortlisted by the committee.