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October 28, 1998

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Govt gives in to Supreme Court
on Central Vigilance Commission

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Bowing to the Supreme Court's tough stand on the ordinance granting statutory status to the Central Vigilance Commission, the Centre today informed it that the ordinance "has been suitably amended to provide for the appointment of experts and experienced hands in finance, law, vigilance and investigation on the commission".

The court was also told that the provision in the ordinance making the Union personnel secretary an ex-officio member of the commission has been deleted.

Besides, the 'single directive' which made the CVC's prior permission a must for an investigation against government officers above the rank of joint secretary and senior officials of nationalised banks and public-sector undertakings has been dropped.

Attorney-General Soli J Sorabjee gave details of these amendments to a three-judge bench comprising Justice S P Bharucha, Justice G T Nanavati, and Justice B N Kirpal.

After perusing the amendments, the bench disposed of the challenge made to the validity of the ordinance issued on August 25.

The challenge was initially made by amicus curiae (friend of the court) Anil Divan during the hearing in the multi-million-rupee Indian Bank scandal.

Subsequently, two writ petitions were also filed challenging the validity of the ordinance.

The court observed that since the objectionable provisions in the ordinance had been deleted, the challenge to its validity does not survive.

It fixed November 18 for further direction in the Indian Bank case.

UNI

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