CBI and Enforcement Directorate directors can have maximum tenure of five years: Supreme Court

economictimes.indiatimes.com:

Supreme Court Tuesday upheld the validity of two central laws and the corresponding rules that provide for a maximum tenure of five years for the directors of the CBI and Enforcement Directorate. A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol rejected the contention of the petitioners, including some leaders of the Congress and TMC, that the amendments made to the Acts will be used as «carrot and stick» by the government of the day to ensure that the chiefs of the two central probe agencies work according to its wishes.

«The challenge to Central Vigilance Commission (Amendment) Act, 2021 and the Delhi Special Police Establishment (Amendment) Act, 2021 as well as to the Fundamental (Amendment) Rules, 2021 is rejected and the writ petitions are dismissed to that extent,» the court ruled. Giving the reasons, the bench said the apex court in its 1997 verdict in the Vineet Narain versus Union of India case had issued a specific order that the CBI director shall have a minimum tenure of two years.

In its verdict in the case, popularly known as the Jain Hawala case, the apex court had laid down the guidelines to ensure the independence and autonomy of the CBI and ordered that it be placed under the supervision of the Central Vigilance Commission (CVC) instead of the central government. Justice Gavai, who penned down the 103-page verdict on behalf of the bench, said what has been provided by the impugned amendments is that the two year period for which the initial appointment has been made could, in public interest, be extended up to one year at a time.

«However, this can be done only on the recommendation of the Committee which is constituted for their appointments. The second proviso further provided that no such