Justice AK Sikri today recused from the case challenging appointment of M Nageshwar Rao as interim CBI Director..Sikri J. is the second judge after CJI Ranjan Gogoi to recuse from the case..The matter was listed today before a Bench of Justices Sikri and Justices S Abdul Nazeer and MR Shah..The hearing today was not without action..When Sikri J. sought to recuse, Senior Advocate Dushyant Dave, appearing for petitioner Common Cause, objected..He said that CJI Ranjan Gogoi had also recused from the case earlier and an impression was being created that the Supreme Court does not want to hear the matter..“An impression is being created that Supreme Court does not want to hear the matter, CJI also recuses. If Your Lordships wants to recuse it could have been done before the hearing“, said Dave..Dave also said that the Court went out of its way when it came to removal of Alok Verma but in this case, it was disinclined to hear.. “This court goes out of its way when it comes to removal of Alok Verma, but when it comes to new appointment, it is not inclined to hear“, Dushyant Dave..Sikri J. was, however, adamant. He thanked Dave for having faith in him but chose to recuse..“I wish I could take up this case. Thanks for for having faith in me but understand my position“, he said..The matter is now likely to be listed tomorrow..On Monday, Chief Justice Gogoi had recused from hearing the case, citing the reason that he will be participating in the meeting of the Selection Committee comprising Prime Minister Narendra Modi and Leader of the Opposition Mallikarjun Kharge..The PIL filed by NGO Common Cause challenges the appointment of Nageshwar Rao as the Interim Director after former Director Alok Verma was transferred out of the agency..The petitioner contends that the appointment of Nageshwar Rao is illegal, arbitrary, mala fide and in violation of the provisions of the Delhi Special Police Establishment Act and the judgment of the Supreme Court in Alok Verma v. Union of India and Common Cause v. Union of India..Besides praying for quashing the appointment of Nageshwar Rao as Interim Director, the petitioner has sought issuance of an appropriate writ for appointment of a Director, CBI as per the procedure established by law and appropriate directions to ensure transparency in the process of short-listing, selection and appointment of the Director of the CBI..The petitioner NGO has also prayed that records of deliberations and criteria related to short-listing and selection of the Director, CBI be recorded and made available to citizens in consonance with the provisions of the Right to Information Act (RTI Act).
Justice AK Sikri today recused from the case challenging appointment of M Nageshwar Rao as interim CBI Director..Sikri J. is the second judge after CJI Ranjan Gogoi to recuse from the case..The matter was listed today before a Bench of Justices Sikri and Justices S Abdul Nazeer and MR Shah..The hearing today was not without action..When Sikri J. sought to recuse, Senior Advocate Dushyant Dave, appearing for petitioner Common Cause, objected..He said that CJI Ranjan Gogoi had also recused from the case earlier and an impression was being created that the Supreme Court does not want to hear the matter..“An impression is being created that Supreme Court does not want to hear the matter, CJI also recuses. If Your Lordships wants to recuse it could have been done before the hearing“, said Dave..Dave also said that the Court went out of its way when it came to removal of Alok Verma but in this case, it was disinclined to hear.. “This court goes out of its way when it comes to removal of Alok Verma, but when it comes to new appointment, it is not inclined to hear“, Dushyant Dave..Sikri J. was, however, adamant. He thanked Dave for having faith in him but chose to recuse..“I wish I could take up this case. Thanks for for having faith in me but understand my position“, he said..The matter is now likely to be listed tomorrow..On Monday, Chief Justice Gogoi had recused from hearing the case, citing the reason that he will be participating in the meeting of the Selection Committee comprising Prime Minister Narendra Modi and Leader of the Opposition Mallikarjun Kharge..The PIL filed by NGO Common Cause challenges the appointment of Nageshwar Rao as the Interim Director after former Director Alok Verma was transferred out of the agency..The petitioner contends that the appointment of Nageshwar Rao is illegal, arbitrary, mala fide and in violation of the provisions of the Delhi Special Police Establishment Act and the judgment of the Supreme Court in Alok Verma v. Union of India and Common Cause v. Union of India..Besides praying for quashing the appointment of Nageshwar Rao as Interim Director, the petitioner has sought issuance of an appropriate writ for appointment of a Director, CBI as per the procedure established by law and appropriate directions to ensure transparency in the process of short-listing, selection and appointment of the Director of the CBI..The petitioner NGO has also prayed that records of deliberations and criteria related to short-listing and selection of the Director, CBI be recorded and made available to citizens in consonance with the provisions of the Right to Information Act (RTI Act).