SC seeks explanation from Centre on appointment of acting CBI chief

NEW DELHI: Centre's decision of appointing Gujarat cadre IPS Rakesh Asthana as an interim CBI Director has come under judicial scanner. The Supreme Court on Friday sought an explanation from the government on the appointment and wanted to know why seniormost CBI officer R K Dutta was shifted out of the agency, days before CBI director Anil Sinha was to retire.
A bench of justices Kurian Joseph and Rohinton Nariman directed the government to respond within a week on why Dutta, who was supervising probe in 2G and coal scam cases, was shifted without taking permission from the apex court.SC had earlier directed that no officer involved in probe of the scams should be shifted without its approval.
The court also asked the Centre whether due process of law was followed while shifting Dutta out of CBI to Home Ministry.
The bench asked additional solicitor general Tushar Mehta to take instruction from the government and be ready to respond to its queries on December 15.
The court was hearing a plea filed by an NGO Common Cause, challenging the appointment of Asthana as an interim CBI chief. Advocate Prashant Bhushan told the bench that Dutta was transferred out of CBI two days before Anil Sinha was to retire just to pave the way for Asthana to take over the reins of the agency.
The petition alleged that the Centre took a series of steps in a "completely mala fide, arbitrary and illegal manner to ensure that Asthana was given the charge of CBI director".
It has claimed that the government did not convene a meeting of the selection committee comprising the Prime Minister, the leader of the largest Opposition party and the Chief Justice of India, even though it was fully aware that Anil Sinha was going to demit the office of CBI director on December 2.
Asthana, an IPS officer of 1984-batch, was elevated as the Additional Director in the agency on December 2 when CBI Special Director R K Dutta, who was reportedly among the frontrunners for the top post, was shifted to the Ministry of Home Affairs (MHA) as a Special Secretary.
The PIL claimed that the government had "prematurely curtailed" the tenure and transferred Dutta to MHA on November 30- just two days before Sinha was slated to demit office.