Verma's ouster: Complete probe into CBI within 2 weeks, SC directs CVC

SC bars interim CBI director Rao from taking major policy decisions

PTI10_23_2018_000081B [File] Alok Kumar Verma | PTI

The Supreme Court on Friday asked the Central Vigilance Commission (CVC) to complete investigations into the allegations and counter-allegations in the CBI within two weeks under the supervision of the apex court. It appointed former SC judge A.K. Patnaik for supervising the CVC probe. The SC directive came as it was hearing a petition by Verma and NGO Common Cause, challenging his ouster by the Centre.

In addition, in a setback for Nageshwar Roa, the SC also directed that all decisions taken by him since his appointment as the interim CBI chief from October 23 till date shall not be implemented. The Supreme Court also directed that the decision taken by Rao till date have to be placed before it in a sealed cover. 

"We can’t allow this matter to prolong in the interest of country," said the bench comprising CJI Ranjan Gogoi and Justices S.K. Kaul and K.M. Joseph. Issuing notices to the CBI and the Centre, the SC asked the government and the premier investigative agency to submit the CVC report to the court in a sealed cover within two weeks. The bench posted the next date of hearing in the case for November 12.


Earlier in the day, in a move that resembled an afterthought, CBI special director Rakesh Asthana also moved the Supreme Court challenging the order by the Centre to send him on leave. The petition was filed through advocate Amit Anand Chowdhury, just minutes before Verma's plea was taken up by the CJI-led bench.

Interestingly, Verma's case was the first high-profile before CJI Ranjan Gogoi who took charge earlier this month. Eminent lawyer Fali Nariman appeared for Verma in the case, while another acclaimed jurist Dushyant Dave appeared for Common Cause. 

Appeaing for Verma, his counsel Nariman submitted that the CBI director was appointed with the approval of a selection panel having the prime minister, the leader of opposition and the CJI. Nariman referred to the Central Vigilance Commission (CVC) and Centre's orders divesting Verma of his duty. He also cited the Vineet Narain judgment to support Verma's pleas.

Attorney General K.K. Venugopal represented the Centre and the CBI, while former AG Mukul Rohatgi appeaed on behalf of Asthana. 

Verma approached the Supreme Court on Wednesday, soon after he was divested of his duties, in a midnight move by the Centre. He challenged the decision of the Centre to divest him of his duties and sending him on leave. He has also sought stay of the Centre's order asking him to proceed on leave and giving the interim charge of his post to Joint Director M Nageswara Rao, a 1986 batch Odisha-cadre IPS officer.

The opposition parties, meanwhile, launched a protest at the CBI headquarters in Delhi against benching the CBI director. The Congress has claimed that the move is against the rule of the land. 

The feud between Verma and Asthana escalated recently leading to registration of an FIR against Asthana and others including Deputy Superintendent of Police Devender Kumar, who is presently in CBI's custody, in an alleged bribery case.

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