Govt asked to file affidavit on CBI chief's appointment

The Delhi high court on Friday directed the central government to file within one week a comprehensive affidavit stating that Central Bureau of Investigation Director R C Sharma's appointment was ''legal''.

Passing this order, a division bench comprising Justices Arun Kumar and Dalveer Bhandari said the government should not wait for the high court to resolve whether or not it had the jurisdiction over such public interest petitions.

The petition has urged the court to quash the CBI chief's appointment as he has allegedly scuttled and delayed the investigations of politically sensitive cases.

Earlier, Additional Solicitor General Abhishek Manu Singhvi raised the question of jurisdiction. He said the Supreme Court was already seized of the matter and had passed an order restraining all courts from dealing with any petition challenging the shifting or transfer of CBI officers involved in the ongoing investigations in various cases.

However, the bench observed that the high court had the jurisdiction over Sharma's appointment and that the Supreme Court order does not come in its way. The apex court only restrained the courts from entertaining petitions related to former CBI chief Joginder Singh and other officers's transfers and shifting.

Echoing similar views, Shanti Bhushan, the petitioner's counsel, said the high court should appoint a retired or sitting judge to probe the condition and circumstances in which Sharma was appointed CBI chief.

Besides, as Sharma is on extension of service he should not have been appointed to the post as it is against the Centre's instructions in this regard.

The appointment was malafide and motivated to scuttle and delay the investigation of politically sensitive cases, he said.

The case has been adjourned to September 12.

UNI