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The Supreme Court on Wednesday allowed time for the Central Government to revert back on the ad-hoc appointment of the Central Bureau of Investigation (CBI) Director in a plea stating that there should be no ad-hocism in the appointment and functioning of the CBI Director.

A divisional bench of Justice L Nageswara Rao and Justice BR Gavai allowed the Attorney General time to seek instructions on whether he'll argue the matter if the Court says that in exceptional cases ad-hoc appointment may be made of the last serving Director.

The petition has been filed seeking direction for the appointment of the CBI Director in accordance with law.

"A proper appointment as per the statutory law is necessary for upholding the rule of law and for enforcement of the rights of the citizens under Articles 14 and 21 of the Constitution of India," the plea added.

Adv. Prashant Bhushan appearing for the petitioner submitted, "There is no scheme for Acting Director, this they are doing again and again and now they have appointed a permanent (Director) after we moved to the Court. This is happening repeatedly."

To this Justice Rao replied, "Why should we reiterate something which has already been said in a judgment? You file another petition if this happens again."

Bhushan argued that the Centre has been doing this repeatedly and said that the present PIL sought the appointment to be made in accordance with law, and and for it to be ensured that ad-hocism in appointment is not repeated.

However, Attorney General KK Venugopal submitted, "There can be situations where the 3 members of the High Powered Committee cannot meet and it is necessary to make an immediate appointment, in that case, we may be allowed."

For such cases, Bhushan submitted that the earlier serving Director may be asked to serve till such time.

Venugopal sought time from the court to respond over this, which was allowed by the bench.

The petition has alleged, "The Government has failed to appoint the Director of CBI as per Section 4A of the Delhi Special Police Establishment Act, 1946 on the expiry of the term of the last incumbent viz. Mr. Rishi Kumar Shukla on 02.02.2021 and has instead, vide Order dated 03.02.2021, appointed Mr. Praveen Sinha as an interim/acting CBI Director till the appointment of new CBI Director, or until further orders."

The plea has further sought directions to the Union of India to initiate and complete the process of selection of the CBI Director well in advance, at least 1 to 2 months before the date on which the vacancy in the post of CBI Director is about to occur, in future.

Case Title: Common Cause Vs. Union of India & Ors.