Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Tuesday, 22 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-11-28 dismissed

Common Cause vs Union of India and Others

Bench: 2 — R.K. Agrawal

In Brief

The Supreme Court dismissed a public interest petition challenging the appointment of Shri Rakesh Asthana as Special Director of the CBI. The petitioner alleged the appointment was made illegally and arbitrarily, citing unverified allegations and pending investigations. The Court held that where a statutory Selection Committee of senior officials exists, consultation with the incumbent Director is merely a process of discussion, not a binding constraint. The Court found the Committee's decision was unanimous, properly considered, and based on relevant materials including the CBI's own 2017 proposal. Unverified documentary allegations and pending investigations do not bar appointment if no verified misconduct is established. The petition was dismissed as the appointment suffered no legal infirmity.

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Administrative Law Civil Procedure Public Interest Litigation Appointment and Tenure Central Bureau of Investigation Institutional Integrity

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