Under attack from the opposition over the decision to promulgate two ordinances, which allow the Centre to extend the tenures of Enforcement Directorate and Central Bureau of Investigation directors by five years, the government said these are “institutional changes” and the move was necessary to ensure continuity in investigations.
“These are all India services. It takes one year for the incumbent to just understand the organisation and next year it is time to go. So, it is in the interest of these institutions that up to 5-year tenure is being given to the directors,” a government official told News18.
He stressed the need arose especially since ED and CBI are currently investigating cases, which have complex money trail and global ramifications. “These are not ‘faujdari’ probes. Money is being laundered across the world. Cyber elements are involved. These are long-drawn investigations and continuity at the top is needed,” he said.
BJP national spokesperson Tom Vadakkan told CNN-News18 that the changes were need of the hour given the impediments that various state governments are raising in the probe by CBI and ED.
“When you have a situation when states are not allowing investigations… in the state of West Bengal, the kind of difficulty that the CBI was facing, the state of affairs in Kerala, there has to be a powerful leader to lead the CBI and if you keep transferring people in short-term, investigation suffers… this (ordinances) is to build a strong institution,” Vadakkan said.
In its latest notification, the government also makes provisions for tenure extension for home, defence and raw secretary as well as director of Investigation Bureau (IB). While foreign secretary was also liable for such extension previously, the new notification omits him.
Trinamool Congress MP Derek O’Brien has called the decision “slaughter of democracy”. The MP tweeted, “Modi-Shah care two hoots about #Parliament (winter session starting in two weeks) They promised India the ‘Gujarat Model’… boy, are we getting there. They give a whole new meaning to the abbreviation BS! BRAZEN SHAMELESS slaughter of democracy.”
In a separate tweet on Monday morning, Derek O’Brien further said the opposition will raise the matter in Parliament. “Opposition parties will do all it takes to stop India from turning into an elected autocracy,” he said.
Meanwhile, Congress general secretary Randeep Surjewala accused the government of using ED and CBI as “henchmen to usurp power and destabilise elected governments.” Surjewala tweeted in the morning, “In Modi Govt, the real description of ED-CBI is – ED = Election Department! CBI = Compromised Bureau of Investigation! Naturally, retired officers were being given repeated extension earlier. Now, a straight five-year tenure has been prescribed.”
Opposition has accused the government of taking the ordinance route to help current ED chief Sanjay Kumar Mishra get an extension. Mishra’s tenure ended on November 18 and the Supreme Court order had barred further extensions for him under the Central Vigilance Commission Act.
A senior law officer told News18 that the government might have to seek supreme court’s clearance if Sanjay Mishra is given further extension. “Judicial propreity demands that the court’s permission be taken. Since the law has now been ammended the court can be requested to withdraw it’s earlier remarks about not giving further extension to the current ED director,” the officer said when asked if giving sanjay Mishra further extension would mean contempt of court.
Former director general of Bureau of Police Research and Development NR Wasan, who has served both in NIA and CBI, told CNN-News18 while a five-year tenure for CBI and ED directors is a “good idea” there should be more checks and balances. “I am all for a five-year tenure. Two years are too short to make meaningful changes. Even an FBI chief has a tenure of 10 years. But I don’t understand why year-by-year extension? Also, there should be a provision made for removing an officer in case of misconduct. We have seen such examples at the top of CBI in the last few years,” Wasan said.
He also pointed out that the new law must be implemented after the incumbent retires. “That would be proper. You appoint someone afresh under the new law.”
The ED director is appointed by the Union government on the recommendation of a committee chaired by the CVC and members comprising vigilance commissioners, home secretary, secretary of DoPT and revenue secretary.
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