CBI director's appointment process vitiated, manipulated: Mallikarjun Kharge tells PM Modi in letter

New Delhi: Raising strong concerns over the appointment of Gujarat cadre IPS officer Rakesh Asthana as interim director of CBI, Leader of Congress in Lok Sabha Mallikarjun Kharge has written to Prime Minister Narendra Modi alleging that the process of selection of the new director of the investigation agency has been vitiated. In his letter, Kharge has asked Prime Minister Modi to immediately convene a meeting of the Selection Committee to select the new CBI Director. The CBI Director is selected by a Selection Committee comprising Prime Minister, Chief Justice of India and Leader of Opposition or leader of the largest party in opposition in Lok Sabha. Kharge alleged that the transfer of Special Director RK Dutta, the senior-most officer after the Director, as Special Secretary to the Ministry of Home Affairs, appears to have been “deliberately done” to facilitate giving charge of the post of CBI Director to an officiating junior officer. [caption id=“attachment_2500050” align=“alignleft” width=“380”]  Mallikarjun Kharge. Image courtesy: PIB[/caption] “It thus gives rise to apprehensions that the process of selecting the Director, CBI, has been vitiated and is being manipulated to pre-empt the decision to be arrived at in the meeting of the Selection Committee,” he said. Kharge also pointed out that the credibility of the premier investigating agency demands that a meritorious and experienced officer of requisite seniority is selected for appointment as Director, CBI, without any delay. Drawing the attention of the Prime Minister for appointment of a regular director of CBI after superannuation of Anil Kumar Sinha on 30 November, 2016, Kharge said it was essential to complete the process of selection and appointment of Director CBI in time, for a smooth transition. “Unfortunately, this was not done and this delay has raised serious concerns,” he said, adding, “The government failed to convene a meeting that was to be chaired by yourself to finalise the selection of the Director.” The Congress leader added, “I request you to convene the meeting to deliberate upon this matter, urgently.” At the AICC briefing, party spokesperson Sushmita Dev said, “We are deeply disappointed at the appointment of the CBI Director.” “It is yet another blow to an important institution, because the NIA chief is also continuing on an ad hoc basis and the Lokpal is yet to be appointed. So these are all a big blow to important institutions which ensure accountability,” she said. On the controversy over appointment of CBI Director on ‘Adhoc’ basis, Dev said when the Bill was introduced and Act was amended to include the Leader of largest Opposition Party, this Government had done a lot of chest thumping that it is a Party that believes in the principles as enshrined in the Constitution of Parliamentary system “Once again this Government has proved that it is a Government of rhetoric, that it is a Government of lip-service to Institutions, that forms the basis of our Parliamentary system,” she said. Dev said Congress leader Kharge has put that in writing by writing a letter to the Prime Minister. “When there is a system in place, a statutory, when there is a statutory procedure in place, what will be the justification of this Government to surpass that? So, the question is, there is a huge gap in Modi Government’s talk and Modi Government’s walk, which we have repeatedly said,” the Congress leader said. Reacting to Kharge’s letter to PM, Union Minister Kiren Rijiju said, “Because he was from Gujarat cadre his credentials were not looked into?.” “How can we give a colour of an officer by clubbing him with some state, cadre or something like that,” Rijiju said. Dev said the general understanding of something which uses the word “Adhoc” means that we have not been able to do something because of reasons beyond our control so that an Institution does not suffer. “So, ‘Adhoc’ per se may not be illegal, but it speaks volumes about the Government that talks about transparency and accountability and fighting corruption but on the other hand puts one of the key Institutions or one of the key mechanisms by which the Government prosecutes should work on an ‘Adhoc’ basis,” she said. The Supreme Court on Wednesday agreed to hear on 9 December a plea challenging the appointment of Gujarat cadre IPS officer Rakesh Asthana as the interim director of CBI. Asthana, an IPS officer of 1984-batch, was elevated as the Additional Director in the agency on December 2 when CBI Special Director RK Dutta, who was reportedly among the frontrunners for the top post, was shifted to the Ministry of Home Affairs (MHA) as a Special Secretary.