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Supreme Court rejects plea challenging appointment of Nageswara Rao as CBI interim chief

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7 years ago

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Tuesday, Feb 19) refused to examine the manner in which M Nageswara Rao was appointed interim CBI director, when the full-time director Alok Verma was removed in January, and rejected a petition challenging his appointment.

A Bench led by Justice Arun Mishra and also comprising Justice Navin Sinha, said a regular CBI Director has already been appointed. The court also refused to delve into the issues of more transparency raised by NGO and petitioner, Common Cause.

The petitioner said the government had “completely bypassed” the statutory requirement to consult the high-powered selection committee of the Prime Minister, Opposition Leader and the Chief Justice of India before appointing Rao as interim head of CBI.

Rao had first been appointed as interim CBI chief when the Centre and CVC had, in a controversial post-midnight decision on October 23-24 divested then CBI director Alok Verma of his responsibilities. This order was later quashed by the Supreme Court.

Later, when the selection committee mandated for appointing the CBI director dismissed Verma from office, within 48 hours of his reinstatement to the post by the apex court, on January 10, Rao had been brought back as interim chief of the premier investigation agency.

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The NGO and activist Anjali Bhardwaj had termed the January 10 order of the government handing over the charge and work of the CBI Director to Rao as “illegal”.

The petitioners had argued that Rao’s appointment was done in violation of the rules set for appointing the CBI director and that the selection committee, comprising the Prime Minister, Chief Justice of India and Leader of Opposition (or the largest opposition party) in Lok Sabha had not met to discuss and clear his appointment.

The selection committee had, on February 2, cleared the appointment of former Madhya Pradesh Director General of Police and 1983 batch IPS officer Rishi Kumar Shukla as the new full-time director of the CBI.

The petition challenging the manner in which Rao was appointed said, “The Government of India has attempted to stifle the independence of the institution of the CBI by appointing the Director of the CBI in an arbitrary and illegal manner.”

It said the mandatory requirement under Section 4A of the Delhi Special Police Establishment (DSPE) Act of 1946 to consult the high-powered selection committee was a statutory measure to make the appointment process of the CBI Director free from government interference.

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“The DSPE Act as amended by the Lokpal and Lokayuktas Act, 2013 provides for the appointment of the CBI Director by a high-powered selection committee which does not have a preponderance of the government and its representatives. The committee consists of the Prime Minister, the Leader of Opposition and the Chief Justice of India or any Judge of Supreme Court nominated by him,” the petition said.

Besides, it argued that Rao’s earlier appointment as interim CBI Director following the ouster of Alok Verma on October 23 was quashed by the Supreme Court in a judgment on January 8. Yet the January 10 order has stated that the Appointment Committee of the Cabinet approved the appointment of Mr. Rao “as per the earlier arrangement”.

“The October 23 order making Mr. Rao interim CBI Director was quashed by the Supreme Court on January 8 for violating the procedure for appointment of CBI Director as defined in the DSPE Act… However, the government still invoked its earlier order which had been quashed, to once again make Shri Nageshwar Rao Interim Director of the CBI even though it was not the competent authority and did not have any powers to make the appointment,” the petition said.

Lack of transparency in the appointment of the CBI Director allows the government to exercise undue influence in the appointment process especially at the stage of short-listing of candidates, the petition said.

However, the course of the proceedings in the petition was full of drama. To begin with, three Supreme Court judges – Chief Justice Ranjan Gogoi, Justice AK Sikri and Justice NV Ramana –recused from hearing the case one after the other. The case was finally listed before the bench headed by Justice Arun Mishra.

During one hearing in the case, Attorney General KK Venugopal had told the court that Rao’s appointment as the interim chief had been approved by the selection committee. Advocate Prashant Bhushan, counsel for the petitioner, had taken to Twitter to claim that Venugopal had tried to mislead the court. Bhushan said that he had spoken to Congress leader Mallikarjun Kharge, one of the three members of the selection committee, who confirmed that Rao’s appointment was not discussed by the panel.

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Venugopal had then sought contempt proceedings initiated against Bhushan and reiterated before the court that Rao’s appointment had the selection panel’s approval. A decision on whether Bhushan should be held in contempt is still awaited.

Rao’s actions as the interim CBI director had also come in for judicial reprimand during the pendency of this petition. Earlier this month, in an unprecedented move, Rao, still an additional director with the CBI and among the agency’s top three officers, was found guilty of contempt of court and penalized with a fine of Rs 1 lakh and detention within the courtroom of Chief Justice Ranjan Gogoi for a day, for transferring senior CBI official AK Sharma despite an embargo imposed by the Supreme Court on his transfer.

Sharma was heading the probe into the Muzaffarpur shelter home case. However, his proximity to axed CBI director Alok Verma and frosty ties with tainted former CBI special director Rakesh Asthana, a close confidante of Prime Minister Narendra Modi, had led to Rao transferring him soon after Verma was moved out of the agency. In his hurry to move Sharma and other officers close to Verma to new, relatively less important roles, Rao forgot that the Supreme Court had imposed an embargo on transfer of all CBI officers who were part of the team – Sharma being the head of this probe – investigating the Muzaffarpur shelter home case. The top court held Rao in contempt for violating its orders.

On Tuesday, as the court dismissed the petition challenging Rao’s appointment it refused to address the other key question raised in the plea – that of the need for greater transparency in the appointment process for the CBI director (or interim director).

The bench of Justices Arun Mishra and Navin Sinha simply held that a full-time CBI director had already been appointed; hence it needn’t interfere with the appointment of Rao whose contested stint as interim CBI chief had already ended.[/vc_column_text][/vc_column][/vc_row]

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Priyanka Gandhi and Prashant Kishor held talks in Delhi after Bihar election setback

Priyanka Gandhi Vadra and Prashant Kishor reportedly met in Delhi days after both Congress and Jan Suraaj suffered setbacks in the Bihar Assembly election.

Published

3 hours ago

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December 15, 2025

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Priyanka Gandhi

Congress MP Priyanka Gandhi Vadra and Jan Suraaj chief Prashant Kishor met in Delhi last week, days after the Bihar Assembly election delivered a setback to both political outfits, sources said. The meeting reportedly took place at Sonia Gandhi’s 10, Janpath residence and lasted several hours.

While the interaction has triggered political speculation, both leaders have publicly played down any significance. When asked about the meeting, Priyanka Gandhi said there was little interest in who she meets or does not meet. Prashant Kishor, on the other hand, denied that any such meeting had taken place

Bihar rout brings renewed focus on opposition strategy

The reported interaction followed disappointing election outcomes in Bihar. Jan Suraaj contested 238 Assembly seats but failed to secure a single win, while the Congress managed only six victories out of the 61 seats it contested, a drop of 13 seats compared to the previous election

Sources familiar with the developments indicated that the poor showing by both sides has reopened conversations about future political strategy, especially with several major state elections scheduled over the next two years

A relationship marked by past cooperation and friction

Prashant Kishor has previously worked with the Congress, with mixed outcomes. In 2017, he played a key role in the Congress’s victory in Punjab, but the same year saw the party suffer defeat in Uttar Pradesh. The contrasting results led to internal disagreements, with some party leaders later questioning Kishor’s approach and influence

Talks of Kishor formally joining the Congress resurfaced ahead of the 2022 Uttar Pradesh election, with discussions involving senior party leaders. However, those negotiations collapsed amid differences over organisational reforms and decision-making authority. Kishor later described his experience with the party as unsatisfactory and ruled out joining it, citing resistance to structural change

Jan Suraaj’s debut and future calculations

After parting ways with the Congress, Kishor launched Jan Suraaj with the aim of reshaping Bihar’s political discourse. Despite claims that the party shifted focus from caste-based politics to employment issues, its electoral debut failed to translate into votes

Sources suggest that recent defeats across the opposition spectrum have prompted fresh assessments ahead of upcoming elections in Tamil Nadu, West Bengal and Assam in 2026, followed by Uttar Pradesh in 2027. The longer-term focus remains the 2029 Lok Sabha election, where the ruling party is expected to seek another term

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Omar Abdullah distances INDIA bloc from Congress’s vote chori campaign

Omar Abdullah has clarified that the INDIA opposition bloc is not linked to the Congress’s ‘vote chori’ campaign, saying each party is free to set its own agenda.

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6 hours ago

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December 15, 2025

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Jammu and Kashmir Chief Minister and National Conference leader Omar Abdullah has drawn a clear line between the INDIA opposition bloc and the Congress’s ongoing ‘vote chori’ campaign, stating that the alliance has no role in the issue being raised by the grand old party.

Speaking to the media, Abdullah said every political party within the alliance is free to decide its own priorities. He underlined that the Congress has chosen to focus on alleged irregularities linked to voter lists and electoral processes, while other parties may pursue different agendas.

According to Abdullah, the INDIA bloc as a collective is not associated with the ‘vote chori’ narrative. He added that no party within the alliance should dictate what issues another constituent should raise in public discourse.

The remarks came days after the Congress organised a large rally in the national capital to intensify its campaign. The party has alleged that the Election Commission is working in favour of the BJP to influence electoral outcomes. Both the poll body and the ruling party have rejected these claims.

INDIA bloc cohesion under scrutiny

Abdullah’s comments have gained significance as they follow his recent observation that the INDIA bloc is currently on “life support”. That remark, made during an interaction at a leadership summit in Delhi, triggered mixed reactions from alliance partners.

At the event, Abdullah had said the opposition grouping revives intermittently but struggles to maintain momentum, especially after electoral setbacks. He also pointed to the Bihar political developments, suggesting that decisions taken by the alliance may have contributed to Nitish Kumar returning to the NDA fold. He further cited the inability to accommodate the Hemant Soren-led Jharkhand Mukti Morcha in Bihar seat-sharing talks as a missed opportunity.

Allies respond to Omar Abdullah’s remarks

Reactions from within the INDIA bloc reflected differing views on Abdullah’s assessment. RJD leader Manoj Jha termed the remarks “rushed” and said responsibility for strengthening the alliance lies with all constituents, including Abdullah himself.

CPI general secretary D Raja called for introspection among alliance partners, questioning the lack of coordination despite the stated objective of defeating the BJP and safeguarding democratic values.

Samajwadi Party MP Rajeev Rai disagreed with the “life support” analogy, saying electoral defeats are part of politics and should not demoralise opposition forces. He cautioned that internal pessimism only serves the BJP’s interests.

BJP targets opposition unity

The BJP seized on the comments to attack the opposition bloc’s unity. Senior leader Shahnawaz Hussain dismissed the INDIA alliance as defunct, claiming it lost relevance after the Lok Sabha elections and lacks leadership and a clear policy direction.

Abdullah’s latest clarification on the ‘vote chori’ campaign reinforces the visible differences within the opposition alliance, even as its constituents continue to debate strategy and coordination ahead of future political battles.

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Nitin Nabin terms BJP working president role a party blessing, thanks leadership

BJP national working president Nitin Nabin has termed his appointment a blessing of the party, thanking its leadership and pledging to work on the ideals of his late father.

Published

6 hours ago

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December 15, 2025

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Nitin Nabin

Newly appointed BJP national working president Nitin Nabin on Monday described his elevation as a blessing bestowed by the party and expressed gratitude to its top leadership for placing faith in him.

Speaking to reporters in Patna after paying floral tributes to a statue of his late father, former BJP MLA Nabin Kishor Prasad Sinha, the Bihar minister said he would continue to work on the principles he inherited from his family and the organisation.

“I have always worked on the ideas of my father, who treated the party like his mother and put the nation above everything else. I believe that is why the party has given me this responsibility,” Nabin said. He later visited Mahavir Mandir in the city to offer prayers.

Gratitude to Prime Minister, focus on Antyodaya

Thanking Prime Minister Narendra Modi for his guidance, Nabin said development under the current leadership has reached towns and villages across the country. He added that the party has expanded its presence and emerged as a platform representing the poor.

According to Nabin, no section of society has remained untouched by the welfare initiatives of the NDA government. He said the idea of Antyodaya has now reached every corner of India, recalling the contributions of Deendayal Upadhyaya, Syama Prasad Mookerjee and Atal Bihari Vajpayee in shaping the philosophy.

On elections and party organisation

Responding to questions on upcoming elections, including in West Bengal, Nabin said BJP workers remain active at all times. He remarked that unlike other parties, BJP cadres work round the year and remain prepared in every state.

At 45, Nabin is a five-time MLA from the Bankipur assembly constituency and has served twice as a minister in the Bihar government. He comes from an RSS background and is currently part of the Nitish Kumar-led state cabinet.

A generational shift in the party

Nabin’s appointment as national working president on Sunday was seen as a significant organisational move. The position, though not mentioned in the party constitution, has earlier served as a transition role before elevation to the top post.

Prime Minister Modi publicly endorsed the decision, describing Nabin as a hardworking and grounded leader with strong organisational experience. Party leaders have projected the move as part of a generational shift, with Nabin expected to follow a trajectory similar to that of the current national president, who had earlier served as working president before taking charge of the organisation.

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