Validity Of Cvc Ordinance Questioned

The Central Vigilance Commission (CVC) ordinance issued by the Centre is practically frozen with the Supreme Court yesterday raising two questions about its validity.

The first problem is about the single point directive. According to this, prior permission of a competent authority is required before launching investigation or prosecution against any officer above the rank of the joint secretary and high-ranking bank and public sector officers. The court had quashed this provision in the Jain hawala judgement in December last. The second violation of the court order is regarding the appointment of the CVC. The Law Commission, after studying the judgement, had recommended that the CVC be selected from a panel of outstanding public servants and others. But the ordinance excluded "others", notably the secretary in the personnel ministry. Only IAS officers would be eligible according to the ordinance.

Attorney General Soli Sorabjee submitted before a bench headed by Justice S P Bharucha yesterday that he was looking into all aspects of the ordinance and had discussions about it at the highest level. He is to submit a detailed note to the government soon and if his suggestions are accepted many of the grievances about the ordinance will automatically be solved.

He sought time till the Prime Minister's returned after his foreign tour and assured the court that "there would be no fait accompli" till then. The case was adjourned till October 9.

The court was hearing a public interest litigation originally relating to the Indian Bank scam. Later, the focus turned to other issues like the transfer of enforcement director M K Bezboruah. The current focus is on the CVC ordinance. The government submitted to the court yesterday that the order on Bezboruah had been carried out and he would not be shifted to the Delhi transport department.