CVC, CBI ‘decisions’ under Supreme Court scanner; ‘probe’ against Alok Verma to be monitored by retired SC judge A K Patnaik within 2 weeks
Published on: 26 October 2018, 08:27 am
[dropcap]A[/dropcap] three-judge bench comprising Chief Justice of India (CJI) Ranjan Gogoi, Justices Sanjay Kishan Kaul, and K M Joseph has agreed to examine the legality of the order passed by the Central Vigilance Commission (CVC) on October 23, 2018, whereby Alok Kumar Verma had been divested of his powers, function and duties as CBI Director in respect of cases already registered and /or required to be registered and/or being inquired/enquired /investigation under the provisions of the Prevention of Corruption Act, 1988. The Supreme Court will also examine the legality of the order issued by the Appointment Committee of the Cabinet appointing M Nageswara Rao as the interim director of the CBI.
As an interim measure, the Court has issued following directions:
- Preliminary inquiry against Alok Kumar Verma to be completed within two weeks under the supervision of retired Supreme Court Justice A K Patnaik.
- Interim director M.Nageswara Rao is restraint from taking any policy decision. He will only look after routine affairs of the CBI.
- Decisions taken by M.Nageswara Rao in his capacity as interim director CBI post October 23, 2018 that include mass transfer of Investigation Officers (IO) shall be placed before the Court in a sealed envelope.
- Matter to be listed on November 12, 2018 for further consideration.
When the matter was called for hearing today, senior advocate Fali Nariman on behalf Alok Verma submitted that the dictum of the Apex Court in Vineet Narain case which was regarding insulating the CBI from the government's influence, that later transformed into a statute in the form of Central Vigilance Commission Act, 2003 and various amendments in Delhi Special Police Establishment Act, 1946. Nariman then took the judges through the previsions of the Delhi Special Police Establishment Act, 1946 whereunder CBI director is appointed.
However, CJI Gogoi cut short Fali Nariman and told him that he has had suggestion in the matter. He said as an interim measure, probe against Alok Verma would be completed within 10 days under the supervision of either a sitting or a retired judge of the Supreme Court. At this, Attorney General who was representing the Central government expressed his hesitation in accepting a "very short time" — of 10 days — to conclude the probe. CJI retorted saying "you need to go through the voluminous papers/documents, only conduct a preliminary inquiry, that's all". CJI further remarked "this matter cannot be prolonged in the interest of the country".