Adds twist to CBI saga, says CVC or Govt can’t curtail CBI chief’s tenure, sending him on forced leave illegal, arbitrary
Leader of Opposition in the Lok Sabha and senior Congress leader Mallikarjun Kharge on Saturday moved the Supreme Court challenging the Union Government’s decision to send CBI Director Alok Kumar Verma on forced leave and called it “completely illegal and arbitrary”. This has brought new twist to the already controversial case of CBI versus CBI over the past few days.
Kharge, who is also a member of the three-member statutory committee that selects the CBI Director, questioned the Government’s decision to send Verma “on leave”. In his intervention application, Kharge sought quashing of the October 23 order of the Central Vigilance Commission (CVC) and that of the Centre’s Department of Personnel and Training divesting the CBI Director on the ground that the same were passed in derogation of powers conferred upon the Statutory Committee under the Delhi Special Police Establishment (DSPE) Act.
Kharge said neither the Central Vigilance Commission nor the Government can curtail Verma’s tenure. Along with Prime Minister Narendra Modi and Chief Justice of India Ranjan Gogoi, Kharge is the third member in the selection committee of CBI Director. “The transfer of an incumbent Director, CBI in an extraordinary situation, including the need for him to take up a more important assignment, should have the approval of the Selection Committee...,” the petition said. “The applicant being a member of the Statutory Committee was not consulted nor was he a part of any meeting or privy to any decision to divest Verma of his powers as Director, CBI”, Kharge’s petition added.
The petition reads, “It is also not in public domain that any such meeting of the statutory committee was convened. In his application, Kharge has said that even though he is a member of the committee, he was neither “consulted nor
was I a part of any meeting or privy to any decision to divest Verma of his powers as Director, CBI”.
“It is also not in public domain that any such meeting of the Statutory Committee was convened,” the petition reads. It further said, “It is therefore clear that the decision to divest Verma, IPS, of his powers as Director, CBI was taken by the political executive in complete contravention of the provisions of the DSPE (Delhi Special Police Establishment) Act, CVC (Central Vigilance Commission) Act and the directions of this Court in Vineet Narain’s case.”
Asserting that the law provides for a two-year term, Kharge’s intervention application in Verma’s petition has termed the Government’s move as “arbitrary and illegal”. Kharge alleged that Verma’s ouster be “set aside to maintain the institutional sanctity and integrity of the CBI”.
Also, the action by the CVC and the Department of Personnel and Training against Verma is a direct and concerted attempt to impede the independent functioning of the CBI, added Kharge.
“The October 23 orders were passed in violation of powers conferred upon the Statutory Committee under Section 4A and 4B of the DSPE Act which provides that Director of CBI shall be appointed on the recommendations of the statutory committee and transferred also only with its consent,” Kharge said.
Kharge’s petition comes amid Congress allegations that Verma was “removed” from the post as he wanted to investigate the Rafale fighter jet deal. Party chief Rahul Gandhi on Friday alleged that French firm Dassault Aviation paid Rs 284 crore as “first instalment of kickbacks” to Anil Ambani’s company.
It is to be noted that the Supreme Court Bench headed by Chief Justice on October 26, had ordered the CVC to complete its investigation into the bribery and misconduct allegations against Verma in two weeks. The Bench appointed former Supreme Court judge AK Patnaik to supervise the probe.
Among other observations made by the Bench include - restraining Joint Director M Nageshwar Rao from taking any policy decisions till the probe against Verma is underway. Rao himself is under the scanner for several allegations of irregularities and corruption.