2019 judgment ruled out two contenders
NEW DELHI: The committee led by PM Modi, which met on Monday to decide the name of new CBI director, dropped the names of Rakesh Asthana and YC Modi from the list.
The high-powered committee led by Prime Minister Narendra Modi, which met on Monday evening to decide the name of new Central Bureau of Investigation (CBI) director, dropped the names of two fancied contenders , Rakesh Asthana and Y C Modi, both 1984 batch IPS officers , from the list after Chief Justice of India (CJI) N V Ramana mentioned a 2019 Supreme Court ruling on such appointments, people familiar with the development said.
As soon as the meeting began on Monday at 7 Lok Kalyan Marg, with a Department of Personnel and Training (DoPT) officer present there to assist Modi, Ramana, and Congress Lok Sabha floor leader Adhir Ranjan Chowdhury, the last mentioned pointed out that the seniority, integrity and experience in investigating anti-corruption cases should be the criteria to select the suitable officer, said a person familiar with the happenings who asked not to be named.
A list of 109 IPS officers from 1984 to 1987 batches was shared by the DoPT with the panel members in mid-May but this was pruned to 16 names before the meeting on Monday, something to which Chowdhury objected.
The chief justice, according to another person familiar with the happenings who requested anonymity, said that the rule of law was most important and cited a March 2019 apex court ruling by then CJI Ranjan Gogoi in the Prakash Singh case, which makes it clear that no officer with less than six months left in retirement should be appointed as a police chief. Chowdhury agreed with the CJI, and the PM too said rule of law must be followed in the appointment, said the second person.
This immediately ruled out Y C Modi, currently director general of National Investigation Agency (NIA), Rakesh Asthana, currently director general of Border Security Force (BSF), and another 1984 batch IPS officer , S S Deswal, currently DG Indo Tibet Border Police (ITBP) as they are set to retire in May, July and August respectively.
Both Asthana and Modi are believed to be close to the government and have substantial experience of working in CBI. They were considered top contenders for the coveted post, in terms of both experience and seniority.
The panel then decided that CBI director will be selected from three officers – Subodh Jaiswal, 1985 batch Maharashtra cadre officer, currently director general Central Industrial Security Force (CISF); Kumar Rajesh Chandra, 1985 batch officer from Bihar cadre, currently DG Sashastra Seema Bal; and 1986 batch officer V S K Kaumudi, special secretary (internal security) in ministry of home affairs and DG Bureau of Police Research and Development (BPRD). “The panel had no objection on these names, except that Adhir Ranjan Chowdhury gave a dissent note on the way the list was pruned by DOPT from 109 to 16 officers without consulting the panel,” said the first person. “It was a cordial meeting, and everybody agreed on the names,” said a third person familiar with the matter who asked not to be named.
“It is for the first time that CBI Director’s selection will happen from only those officers having at least six months left for their retirement. This might become a precedent in future selection as well, particularly in CBI, Intelligence Bureau and Research and Analysis Wing (RAW), which have a fixed tenure of two years.”