The Supreme Court today decided not to go into the reasons for the sudden transfer of former CBI chief Joginder Singh as he was not directly connected with the investigations into sensitive cases being monitored by the courts.
With this, the court has virtually declined to consider a petition filed by amicus curiae Anil Diwan in the hawala case challenging the constitutional propriety in shifting the former CBI chief in the midst of ongoing probes thus clearing the government decision to transfer Singh.
A three-judge bench comprising Chief Justice J S Verma, Justice S P Bharucha and Justice S C Sen said the courts function was to ensure that the CBI director functioned properly and it was not its job to find out whether he was the right person or not.
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The judges said only officers who were directly connected with the investigations into sensitive cases, like enforcement directorate chief Bezbaruah, should not be shifted without the courts prior permission as they were directly involved in the probe.
In a written submission on behalf of the Union of India, the attorney general, Ashok Desai, informed the court there is no proposal at present to transfer Bezbaruah.
The court castigated the new CBI director R C Sharma for making press statements indicating that arrests would be the exception rather than rule during his tenure at a time when several cases were still pending before the courts.
He better work more and talk less. It is unfortunate that this gentleman has not not exhibited the sobriety and maturity demanded of a person holding such a position.
Referring to Singh, the judges observed that in their view his transfer may have been the correct decision of the government.
They said Singh had given too many oppurtunities for people to criticise him by going to the press every other day.