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PIL in Apex Court over M Nageswara Rao's CBI appointment

The petition, having RTI activist Anjali Bhardwaj as a co-petitioner, demanded that the entire record of the decision-making process leading to Rao's appointment be revealed under the Right to Information Act.

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M Nageswara Rao
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The Government's decision to appoint M Nageswara Rao as the interim Director of Central Bureau of Investigation (CBI) was challenged in the Supreme Court on Monday.

NGO Common Cause, which had earlier approached the Court against the order unseating former Director Alok Kumar Verma, questioned the January 10 decision to bring back Rao without the Selection Committee making any recommendation to this effect. The petition, having RTI activist Anjali Bhardwaj as a co-petitioner, demanded that the entire record of the decision-making process leading to Rao's appointment be revealed under the Right to Information Act. It suggested that such transparency should be maintained in the appointment of CBI Director.

Soon after the Selection Committee shunted Verma, who subsequently put in his papers, the post of CBI Director became vacant. The Cabinet Committee on Appointments on January 10 issued an order making Rao the interim Director. The petition alleged that Rao could not be made caretaker Director by an executive diktat after the Supreme Court's recent order laid down that the Selection Committee of Prime Minister, Leader of the largest party in Lok Sabha, and the Chief Justice of India (or his nominee) alone should take this decision.

"It 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," the petition alleged.

It cited the earlier order passed by the Government on October 23, 2018 making Rao the interim Director, which got quashed by the Supreme Court on January 8. The petition sought details of the decision-making process and said that if the October 23 order was the basis to again appoint Rao, this order must go too.

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