Anger in Opposition camp over ordinances on ED, CBI directors' tenure, to raise issue in Parliament

The Opposition said that the move goes against the SC order which laid down that any extension of tenure has to be for a short period and only in exceptional circumstances

The anger over the ordinances to extend the tenure of directors of the CBI and Enforcement Directorate (ED) is boiling in the Opposition camp with leaders on Monday pointing fingers at the Narendra Modi government for trying to make the officers "more pliable".

Opposition leaders said the issue would come up in the upcoming Parliament's Winter Session and will take the government to task, especially on bringing ordinance when Parliament is about to start.

The Opposition -- from Congress to Trinamool to AAP to the Left -- pointed out that the move goes against the Supreme Court order which had laid down that any extension of tenure has to be for a short period and "only in rare and exceptional circumstances" to facilitate an ongoing investigation.

Read | Govt brings ordinance to extend term of CBI, ED chiefs

They also said that the move is aimed at making officers pliable by giving an allurement of extensions.

Senior Congress MP Abhishek Singhvi said that the ordinances were an "attempt to sabotage, side-step and skirt" Parliament and that no one should be fooled to believe that it was giving a guaranteed five-year tenure to ensure independence to the CBI and ED.

"These ordinances tell an officer that I will keep you on probation, on a tight leash, will keep you on a master-servant relation. If you have behaved and done 'His Master's Voice', I may consider an extension. If you haven't behaved, then there is nothing," he told a press conference.

Trinamool Congress Rajya Sabha leader Derek O'Brien tweeted about the two "brazen" ordinances, "Parliament's Winter Session begins two weeks from now. Be rest assured, Opposition parties will do all it takes to stop India from turning into an elected autocracy." Trinamool will also move a Statutory Resolution against the ordinances in Rajya Sabha during the Winter Session.

AAP Rajya Sabha floor leader Sanjay Singh said the ordinance goes against the spirit of the Supreme Court order but "Modi-Ji has brought" it to circumvent it. "Now even after retiring, Modi-ji will be able to give extension to favourite officers for up to five years in 'national interest'. By the way, only ED CBI works in the national interest," Singh said in a sarcastic tone.

Denouncing the promulgation of two ordinances, the CPI(M) Politburo said in a statement that both the CBI and ED have been functioning as the "political arm of the ruling party to advance its agenda" and opposition leaders are “regularly targeted”.

Read | TMC, CPI(M) target BJP for CBI, ED director tenures

"This step is meant to further subvert the autonomy of these agencies and to make the key officers more pliable. It is reprehensible that these ordinances have been promulgated on the eve of the Winter Session that is to commence from November 29. The BJP’s regular resort to the route of 'ordinance raj' is anti-democratic," it said.

The CPI(M) said the ordinances also aimed to bypass the Supreme Court direction which had laid down that any extension of tenure has to be for a short period and "only in rare and exceptional circumstances" to facilitate an ongoing investigation. CPI(M) MPs will oppose the move to convert these ordinances into law in Parliament, it added.

Congress chief spokesperson Randeep Surjwala alleged that the Modi government uses the ED-CBI as "henchmen to usurp power and destabilise elected governments".

"Raids by ED, CBI on the Opposition leaders has become a norm. Now, these henchmen are being empowered and rewarded with five-year tenure, so that malicious prosecution is used to silence dissenting voices. In the Modi government, the real description of ED-CBI is: ED is Election Department and CBI is Compromised Bureau of Investigation. Naturally, retired officers were being given repeated extensions earlier. Now, a straight five-year tenure has been prescribed," he said.

Senior Congress MP Manish Tewari said both ordinances go against the spirit of Jain Hawala judgement that gave stability of tenure to directors of CBI and ED to insulate them from political interference.

"Question 1 is why extend the tenure from 2-5 years? Are there no competent officers left in the country? Question 2 is by hanging the allurement of yearly extensions before people who would occupy these sensitive offices, the NDA/BJP government wants to subvert whatever little is left of the institutional integrity of these two organisations," he said.

"The message is clear -- hound the opposition and get extensions. What is even more troublesome is recourse to the ordinance route to subvert the law-making function of Parliament repeatedly. Parliament is tentatively scheduled to meet on November 29. What was the tearing hurry to promulgate these ordinances on the cusp of Winter Session? he asked.

Former Central Information Commissioner and ex-IPS officer Yashovardhan Azad tweeted, "most disappointed with ordinances to extend the tenure of ED and CBI chiefs to five years. Catchphrase - extendable each year. Done before Parliament session. The Supreme Court had commented against extension after retirement with respect to the ED chief. RAW and IB are already on an extension after fixed tenure."

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