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Government, Opposition spar over CBI's war within

While FM Jaitley defended govt decision as ‘absolutely essential’, Cong’s Rahul Gandhi said action was because agency questioned Rafale deal

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In a bid to defend government's unprecedented past midnight move to remove feuding CBI director Alok Verma and special director Rakesh Asthana, Finance Minister Arun Jaitley on Wednesday asserted that the decision was based on CVC's recommendation and was necessary to restore the agency's institutional integrity and credibility.

"We want to ensure that investigations don't turn into a mockery as some officers have tried in the last few days. The CVC met yesterday and recommended the actions that the government has taken. Its recommendation came with the view of restoring the credibility of the CBI," said Jaitley calling in the infighting "bizarre and unfortunate".

Jaitley's strong posturing came in the wake of scathing attack by the opposition led by Congress president Rahul Gandhi who termed the move as PM Modi's desperate attempt to scuttle Rafale probe.

"CBI chief Alok Verma was collecting documents relating to the Rafale deal. He has been forcibly sent on leave. PM Modi's message is clear: Whoever sniffs around the Rafale deal will be removed. The country and the Constitution are in danger," Gandhi said in a tweet.

At a public rally in Jhalawar, Rajasthan, Gandhi said, "The CBI director was removed last night because he had summoned the papers of the Rafale deal."

Congress spokesperson Abhishek Manu Singhvi termed CBI chief's removal "illegal, unconstitutional and illegitimate coup détat by Modi-Shah duo that has shamed all Indian institutions.

"It is very clear that the PM is experiencing 'Rafale-o-phobia'. This terror of the Rafale scam has led to the demolition by this PM, this ruling BJP, this Government to the demolition of the pillars of Indian investigating agency," said Singhvi.

Singhvi questioned the role of CVC in removing Verma. "Do you think the CVC can violate Section 4A and 4B? So, I will say that you can appoint with only Chief Justice of India, Prime Minister and leader of opposition consent and next day CVC will remove you or transfer you or send you on compulsory leave," said Singhvi.

CPM general secretary Sitaram Yechury said the illegal removal of CBI chief was to protect their own handpicked officer, against whom serious charges of corruption are being investigated.

‘Rubbish Claims’

  • I regard this charge as rubbish. The fact that opposition parties are saying we know what agency was going to do next itself casts a doubt on the fairness process, said FM Jaitley.
  • I don't believe what they are saying is true, but if they did have acc-ess to what was going on in the mind a person that itself demolishes the integrity of the person they are trying to support, Jaitley said.

What Preceded Wednesday Drama...

  • October 15: CBI files bribery case against Rakesh Asthana; accuses him of taking Rs 3 crore as bribe from a businessman being investigated by him in lieu of ensuring relief and a clean chit in the case
  • October 16: CBI arrests middleman Manoj Prasad
  • October 20: CBI raids at residence of accused DSP Devender Kumar
  • October 22: CBI arrests Devender Kumar for alleged falsification of records
  • October 23: Asthana moves Delhi High Court seeking quashing of FIR against them
  • October 23: CBI DSP Devender Kumar sent to 7-day police custody
  • October 23: CBI claims in court that an ‘extortion’ racket was being run from the HQ in the garb of investigation

...& What Happened On The Night Of Tuesday, Leading To Alok Verma’s Removal   

 

  • A full Central Vigilance Commission meets on Tuesday evening to discuss charges and counter-charges against both Alok Verma and Rakesh Asthana. 
  • After deliberations, the commission recommended both officials need to step aside for a fair probe.
  • The  Appointments Committee of the Cabinet led by PM Modi late night appointed CBI Joint Director M Nageswar Rao, an Odisha-cadre officer, as its interim director with immediate effect.
  • CBI headquarters cordoned off around 1 am.
  • Nageshwar Rao directed a team of CBI officers to seal the offices of the CBI Director and CBI Special Director on the 11th floor.
  • Rooms on the 10th floor of the building sealed in morning. New chief orders change in the teams heading different cases. Officials working with Director Alok Verma and Special Director Rakesh Asthana, asked to go on leave.
  • Rao overhauled the team probing allegations of corruption against Asthana, bringing in new faces.
  • Verma moved to Supreme Court challenging the Centre’s order asking him to proceed on leave. The court to hear the plea on Friday
  • Finance Minister Arun Jaitley said that it is important to maintain the “integrity” of the central probe agency.

WHEN & HOW THE SPAT BEGAN

  • The spat between two officers actually began when Verma objected to the elevation of the then Additional Director Rakesh Asthana as Special Director before the Central Vigilance Commission.
  • The objections were noted, but the Central Vigilance Commission, in a unanimous decision, cleared Asthana as Special Director, making him the second-in-command in the agency. 
  • Asthana was in-charge of the Special Investigation Team handling sensitive cases, including those related to Vijay Mallya, Agusta Westland and land acquisition in Haryana.
  • A PIL was filed by NGO Common Cause against the decision but it was also rejected by the Supreme Court.
  • The matter was referred by the government to the Central Vigilance Commission which then sought files of cases mentioned in Asthana’s complaint. 
  • In his response, Verma told the Commission that Asthana’s role was under probe in at-least six cases, including one related to the loan default by Gujarat-based Sterling Biotech. 
  • He also told the CVC that in his absence, his second-in-command Asthana cannot represent in panel meetings.
  • Asthana urged the government to intervene, seeking an independent probe into the allegations levelled by Verma and the cases in which his role was being alleged.
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