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In a petition filed last Monday – 14th January 2019 by “NGO Common Cause“ through Advocate Prashant Bhushan challenging appointment of M. Nageshwar Rao's as the interim CBI Director, Chief Justice Gogoi, ordered to take up the matter next week. The matter was further taken up by the court on 21st January 2019.
Justice Gogoi recused himself from taking up the matter. He said a meeting has been scheduled on 24th January which will consist of the members of theSelection Committee comprising of Prime Minister, Leader of the Opposition in the Lok Sabha and Justice Gogoi himself. The committee so constituted is authorized by the Section 4A of Delhi Special Police Establishment Act. Justice Gogoi further recused himself from hearing the case and transferred it to Court No 2, headed by Justice Sikri, who is the 2nd senior most judge of the Apex court. The matter is listed for 24th January before Justice Sikri.
The petition sought clarification from the Government as to the eligibility criteria for the appointment of CBI director & removal of M Nageshwar Rao from the post of CBI Director he’s not eligible for the post. The petition also states that appointment of Nageshwar Rao as CBI director was not made on the basis of recommendations of the high powered selection committee, as mandated under Section 4A of Delhi Special Police Establishment Act.
It also stated that the Central Govt order appointing Nageshwar Rao as CBI director was quashed by the Supreme Court on January 8 in the Alok Verma case. However, the government still invoked its earlier order which had been quashed, to once again make Nageshwar Rao Interim Director of the CBI.
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