The curious case of plea challenging appointment of interim CBI chief M Nageswara Rao
Supreme Court
After Chief Justice of India Ranjan Gogoi, Justice AK Sikri has now recused himself from hearing lawyer Prashant Bhushan's plea challenging the government's appointment of M Nageswara Rao as interim CBI chief.
While Bhushan's NGO Common Cause stated categorically in its petition that Rao's appointment was not made on the basis of recommendations of the high-powered selection committee - comprising the prime minister, the leader of the single largest opposition party, and the Chief Justice of India - the plea went on to say that it in fact "appears that the committee was completely bypassed and had no role in the appointment of Nageswara Rao, thereby rendering the appointment illegal as it is in violation of the procedure for appointment of Director, CBI laid down in the DSPE (Delhi Special Police Establishment) Act".
When the matter was posted for hearing before CJI Gogoi's court, it was sent to court number 2, i.e. Justice Sikri's court, since CJI Gogoi is part of the selection panel that has to choose a new CBI chief.
Justice Sikri, however, also refused to hear the plea, and recused himself.
"The matter raises very interesting and important questions but for some reasonI can't take up the matter. I can only say I wish I could have taken up this matter. Thanks for having faith in me but please understand my position," Justice Sikri said.
The reason Justice Sikri recused himself was becausea few days agoCJI Gogoi had deputed Justice Sikri to the panel that had decided the fate of former CBI chief Alok Verma. Justice Sikri had agreed to Verma's ouster, causing a stir in legal circles.
Next came news reports that the government had nominated Justice Sikri to a plum post in London after his retirement. The resulting furore and speculation in the media of a possible quid pro quo led to Justice Sikri turning down the government offer.
After Justice Sikri's recusal from the case, court no 3 will now hear the matter.
Many suggest CJI Gogoi's decision to send the matter to court 2 seemed to have turned things around because itwas a futile attempt, partially knowing Justice Sikri's recusal after herefused to take up the government's London offer.
Chief Justice Gogoi meanwhile is still to assign a bench to hear the Common Cause plea, which has also asked the court to issue an appropriate writ on the appointment of a CBI director. The plea has asked the court for direction that ensures transparency in the process of shortlisting, selection, and appointment of the CBI director.