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Resuming his submissions on behalf of the Central Vigilance Commission (CVC), Solicitor General Tushar Mehta advanced that on a conjoined reading of section 8(1) (b) of the CVC Act of 2003 with its Section 8(2), the question for the court’s consideration would be whether a person who is a member of the IPS, on becoming a CBI director, would cease to be a part of the All-India Services and consequently not be amenable to the CVC Act.
SG expressed that while giving a brief summary of how the CBI came into being, initially it was the governing force the police Act of 1861, under Section 3 of which the superintendence of the state police vested in the state government. As it was felt that a specialized force under the central government and hence the DSPE Act was introduced.
The Supreme Court direction in the 1997 Jain Hawala case was stated that the Central government shall take all measures to ensure that the CBI functions effectively and efficiently and be viewed as a non- partisan agency.
The Chief justice directed the bench’s attention to Section 4(1)(3) and 4A(3) of the DSPE, laying down that the officer placed by the Central government at the helm of the administration of the CBI shall be equivalent to the post of the Inspector-General of Police in context of the police force of a state and that such officer shall be chosen from a panel of IPS Officer to stess that CBI Director continues to be a member of the IPS.
While discussing the connotation of the power of “superintendence” exercisable by the CVC under section 4(1)of the CVC Act, in pursuance of which the institution is entitled to issue directions to the CBI under section 8(1)(b) of the CVC Act, the SG suggested that there has to be some method of dealing with a situation not envisaged by statue.
Senior Counsel Mukul Rohatgi when sought to argue on Asthana’s behalf, the bench was initially reluctant to hear him, the issue dealt with a present being only of the jurisdiction of the Central government and the CVC to send The CBI Director and Special Director on leave.
After the petitioners and the interveners closed their rejoinder arguments, the bench comprising Justice S.K. Kaul and Justice KM Joseph reserved its verdict on Thursday.
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