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This is an archive article published on March 27, 1998

Govt in a bind over choosing CBI chief

NEW DELHI, MARCH 26: Uncertainty looms over the appointment of the next CBI director with D R Karthikeyan set to retire on March 31 and the ...

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NEW DELHI, MARCH 26: Uncertainty looms over the appointment of the next CBI director with D R Karthikeyan set to retire on March 31 and the government not in a position as yet to implement the Supreme Court order on the appointment of the agency’s chief.

The Supreme Court had directed the Union Government that the superintendence of the CBI should be vested in the Central Vigilance Commission (CVC). And that there should be a three-member board, including the CVC chief and the Home Secretary, which should appoint the director for a minimum period of two years.

The previous government had assured the Supreme Court of implementing its order. But the matter was temporarily sidelined due to the Lok Sabha elections. Since Karthikeyan will retire on March 31, the new government too does not have much time to implement the order. For, it requires an amendment in the Delhi Special Police Establishment (DSPE) Act by a simple majority in Parliament.

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This has put the BJP Government in a quandary, since a new CBIDirector has to be named by March 11. The Department of Personnel is understood to have empanelled four senior IPS officers for the post and sent the list to the Cabinet. Director General (Vigilance) of Tamil Nadu and a 1963 batch IPS officer, R K Raghvan, is apparently heading the list for the appointment of new CBI Director. Next in the queue is Special Secretary (Home Ministry) M B Kaushal, followed by Special Director (CBI) Trinath Mishra and former Director General of Civil Aviation Security, S C Tripathi.

According to sources, the Govt is yet to send any feelers about implementation of the Supreme Court order. The sources said that the Government has only three options. First, it can summarily reject to implement the SC order by bringing a legislative amendment in the DSPE Act, saying that Parliament is not in conformity with the view of the Supreme Court regarding re-structuring of the CBI.

Second, the sources said, the Government can file a petition with SC, pleading for a review of its decision.Last, it can bring in an ordinance to implement the SC order and can later introduce an amendment in DSPE Act to regulate the ordinance.

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