SC reinstates Verma.
The Supreme Court on Tuesday pronounced its verdict on CBI Director Alok Kumar Verma's plea against the Centre's decision to divest him of powers and sending him on leave. SC has quashed CVC and DoPT's order.
It reinstated Alok Verma as the CBI Director. However, he can't take any major decision till the PM-led committee gives their report. SC has asked the high-powered committee formed under DSPE Act to act within a week considering his case. Verma is set to retire at the end of this month.
Supreme Court in its judgment said the government should have referred to the Select Committee consisting of the Chief Justice of India, Prime Minister and Leader of Opposition to initiate Alok Verma’s removal. It has now asked the committee to look at the matter afresh and act on it within seven days.
Referring to the landmark 1997 Vineet Narain judgment which insulates CBI from executive interference, SC said that it can't be obivious to directions given in that judgment. CJI led SC bench also said that the word 'transfer' has to be taken in the context of the current situation where it impacts the functioning of the CBI chief.
Referring to Vineet Narain judgment, SC inferred that that statute doesn't spell out any option of interim measures against CBI Director.
Reacting to the judgement, Advocate Prashant Bhushan who represented NGO common cause supporting Verma said, "what is the point of setting aside the order but not allowing him to take any policy decisions. Once court recognised that government''s order was wrong he needed to be compensated for the months he had lost. This order means operation successful but patient dead."
The Centre had taken a decision against Verma and CBI's Special Director Rakesh Asthana after their feud become public as they made allegations of corruption against each other.Verma has sought quashing of three orders of October 23, 2018 -- one by the Central Vigilance Commission (CVC) and two by the Department of Personnel and Training (DoPT), as being without jurisdiction and in violation of Articles 14, 19 and 21 of the Constitution.
CBI's Joint Director M Nageswara Rao, a 1986 batch Odisha-cadre IPS officer, was given the charge of interim chief of the probe agency.
A bench headed by Chief Justice Ranjan Gogoi had on December 6 reserved the judgement after hearing arguments on behalf of Verma, the Centre, the CVC and others.The court had also heard the plea moved by NGO Common Cause which had sought a court-monitored SIT probe into the allegations of corruption against various CBI officials, including Asthana. Verma's two-year tenure as CBI director ends on January 31. He has moved the top court challenging the Centre's decision.
The Centre had justified its decision to divest Verma of his duties and sending him on leave before the apex court saying he and Asthana were fighting like "Kilkenny cats", exposing the country's premier investigating agency to "public ridicule".
With PTI inputs
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