Senior Congress leader says only the PM, CJI and leader of Oppn can take such a decision
Senior Congress leader Mallikarjun Kharge moved the Supreme Court on Saturday against the Centre's decision to send CBI director Alok Verma on leave, terming the ouster "illegal and arbitrary".
Kharge, who is a member of the three-member committee which picks the CBI director said that he moved SC as a "concerned stakeholder". He alleged that the Modi government was interfering with the independent functioning of the CBI director. "Prime Minister Narendra Modi's suo motu action of sending CBI director Alok Verma on leave is illegal and is in violation of the law," Kharge said.
Verma and CBI special director Rakesh Asthana, who levelled charges of corruption against each other were sent on leave on October 23. The government's move came hours after the Central Vigilance Commission (CVC) recommended that Verma and Asthana be sent on leave and a Special Investigation Team (SIT) be formed to probe the graft charges. "The entire action of CVC and the DoPT vide order October 23 seeking to divest CBI director Alok Verma of his statutory powers and functions is illegal, arbitrary, punitive and without jurisdiction," he said.
Kharge said the CVC has no power to act against the CBI director or send them on leave. He insisted that only the three-member panel comprising the PM, Chief Justice of India and the leader of the Opposition could take such a decision.
"Without the committee's consent, they have asked the CBI director to go on long leave. This is a violation of the (Delhi Special Police Establishment) Act (under which the CBI was formed)," he said.
He said that the government should have called a meeting of the three-member committee before taking a decision. He sought quashing of CVC's and DOPT's October 23 orders. He said the provisions of the Delhi Special Police Establishment Act (DSPE Act) clearly states that the tenure and terms of the CBI director is protected and even the transfer cannot be effected without the consent of the committee.
(with agency inputs)
CVC’s Action
Verma and CBI special director Rakesh Asthana, who levelled charges of corruption against each other were sent on leave on October 23, hours after a CVC recommendation for the same and to set up a probe
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