Supreme Court of India disposed of a plea filed by the non-governmental organization (NGO) 'Common Cause,' which had challenged the appointment of Praveen Sinha as the interim director of the Central Bureau of Investigation (CBI) in February 2021. The court's decision was based on the fact that Sinha's appointment had since been succeeded by two regular directors, rendering the original petition irrelevant.

A division bench comprising Justices Sanjiv Khanna and SVN Bhatti made the ruling on August 7, 2023. While the court declined to proceed with the plea due to its current irrelevance, it left open the possibility for Common Cause to file a fresh petition if circumstances warranted, particularly concerning concerns about the opacity of the appointment process and its timeline.

The case, titled 'Common Cause v. Union of India,' originated as a writ petition (Civil) No. 291 of 2021. The petitioner, Common Cause, had sought to challenge the appointment of an interim director of the CBI and urged for a more transparent and timely selection process. The NGO's contention was that the appointment of officers as temporary measures had become a recurring practice and that it compromised the integrity of the CBI's leadership.

Under the Delhi Special Police Establishment Act, 1946, the appointment of a CBI director is vested in a high-powered committee consisting of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition. Common Cause argued that proper appointments were imperative to uphold the rule of law and requested appropriate directions from the court to initiate the process of selecting a regular director in a timely manner.

During the proceedings, Justice Sanjiv Khanna acknowledged the concerns raised by the NGO and stated that the court would address any problems arising in the future. He suggested that in case of any issues, the petitioner could file a petition six months before the incumbent CBI director's term was set to expire.

This case echoed similar challenges made by Common Cause and transparency activist Anjali Bharadwaj in 2019, which had targeted the appointment of M Nageshwara Rao as an interim director of the CBI. Although that petition was eventually dismissed, it drew attention to the need for a transparent and efficient process for appointing CBI directors.

The Supreme Court's recent ruling, while disposing of the specific plea against Praveen Sinha's appointment, underscores the importance of maintaining transparency and accountability in the selection of key positions within government agencies.

Case Details:

Case Title: Common Cause v. Union of India
Case Number: Writ Petition (Civil) No. 291 of 2021

Date of Disposal: August 7, 2023
Court: Supreme Court of India

Bench: Justices Sanjiv Khanna and SVN Bhatti
Petitioner: Common Cause (NGO)
Respondent: Union of India