New Delhi: The appointment of former National Investigation Agency chief Sharad Kumar as a vigilance commissioner in the Central Vigilance Commission comes less than a month after the All India Network of NGOs and Individuals working with National and State Human Rights Institutions (AiNNI) had opposed his proposed induction as a member of the National Human Rights Commission saying that would send a “wrong signal” and violate international principles.

A 1979-batch IPS officer of the Haryana cadre, 62-year-old Kumar had retired in September 2017 as chief of the NIA after serving the organisation for four years.

‘Reappointment as NIA chief was unprecedented’

While opposing the grant of high positions to Kumar, the network had stated in a memorandum to President Ramnath Kovind that “it is largely believed that Mr. Kumar is close to the current government and the two-year extension as the NIA chief sufficiently justifies the same.” It further noted that while Kumar was appointed the director general of NIA in July 2013 and superannuated in October 2015, his reappointment as NIA chief “just a day before the superannuation” was an “unprecedented and questionable move”.

“He was reappointed as the NIA chief on contract for a period of one year ending October 31, 2016. He was given another extension till October 31, 2017 by the appointment committee of the Cabinet,” the note said.

‘Kumar’s role as NIA chief was questionable’

The NGO network had also submitted that Kumar’s “role as the NIA chief has come under severe questioning, as, during his term all terror cases by right-wing Hindutva outfits associated with the RSS were closed and almost all resulting in acquittals of the accused.”

Providing a detailed account of some of the major cases probed by the NIA and their ultimate outcome, the memorandum stated that “in the 2007 Samjhauta Express bombing case, the prime accused Swami Aseemanand was granted bail in August 2014, three months after BJP formed the government. NIA which was the prosecuting agency, headed then by Mr. Kumar, didn’t oppose the bail.” Similarly, it said, “Clean chit was also given to Colonel Purohit by the NIA, who was earlier chargesheeted by the ATS in the case.”

In the 2007 Ajmer blast case, the network said, “Swami Aseemanand was again acquitted in 2017 by the local court. Sunil Joshi who was murdered in 2007 just when the first arrests in the saffron terror cases were being made was convicted along with two others. The court questioned the NIA’s clean chit to other accused Pragya Thakur and Indresh Kumar.”

Likewise, the memorandum pointed out that “in the 2006 and 2008 Malegaon blast cases, the NIA gave a clean chit to Pragya Thakur and dropped the case against her and the other accused Colonel Purohit also secured bail from the Supreme Court and re-joined the army. The special public prosecutor in this case, Rohini Salian, in an affidavit stated that the NIA had asked her to go soft against the accused.”

It also emphasised that “the 2008 Modasa blast case was closed by the NIA in 2015 citing ‘lack of evidence’,” and “in the 2007 Mecca Masjid Hyderabad blast case, all the accused were acquitted.”

Thus, it said, “Kumar’s professional background and the controversies surrounding him as the NIA chief do not suggest that he can be considered as a choice for this position (NHRC member).”

While the Modi government has not appointed Kumar to the NHRC, it has given him an even more important post now in which he would be actually required to play the role of a watchdog.

According to the official order, Kumar has been appointed vigilance commissioner in the Central Vigilance Commission for a term of four years or till he would attain the age of 65.