CBI vs CBI: SC reinstates Alok Verma as Director, quashes govt's midnight leave order

The Supreme Court on Tuesday set aside the government's decision of divesting Alok Verma's power and sending him on leave. The Apex Court reinstated Alok Verma as the Director of the premier investigation agency

Alok Verma

New Delhi: The Supreme Court on Tuesday reinstated Alok Verma as the Director of  CBI, quashing the government's October 2018 order  of divesting his powers and sending him on leave. Though the apex court reinstated Verma as CBI's top boss, it restrained him from taking major policy decisions until the Central Vigilance Commission probe headed by PM Modi is completed. The SC pronounced its verdict on Verma's plea against the Centre's decision to divest him of powers and sending him on leave. In its verdict, the Supreme Court has observed that the procedure to remove an incumbent CBI director has been set out in law. "If there was intent to specify interim measures for Director CBI then the legislation would have contained the provision," the Supreme Court observed, referring to the government appointing M Nageshwar Rao as iterim CBI chief. The judgment was delivered by Justice Sanjay Kishan Kaul and Justice KM Joseph in the absence of Chief Justice of India,Ranjan Gogoi, who was on leave.

CBI Director Alok Verma's plea: Supreme Court says, 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.

— ANI (@ANI) January 8, 2019

The Centre had also sent CBI's Special Director Rakesh Asthana on leave. After the rift between Alok Verma and Rakesh Asthana came into public domain after making allegations of corruption against each other, the Centre had taken the decision. As being without jurisdiction and in violation of Articles 14, 19 and 21 of the Constitution, 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). The interim charge of the investigation agency was given to CBI's Joint Director M Nageswara Rao, a 1986 batch Odisha-cadre IPS officer. On December 6, after hearing arguments on behalf of Verma, the Centre, the CVC and others, a bench headed by Chief Justice Ranjan Gogoi had reserved the judgement.