The Supreme Court Tuesday will pronounce the verdict on the plea filed by Central Bureau of Investigation (CBI) Director Alok Verma on centre’s decision to divest him of his responsibilities and send him on leave. The decision to divest Verma of his powers was taken by prime minister Narendra Modi led government after the infighting between Verma and his deputy Rakesh Asthana became public.
The Supreme Court Tuesday will pronounce the verdict on the plea filed by Central Bureau of Investigation (CBI) Director Alok Verma on centre’s decision to divest him of his responsibilities and send him on leave. The decision to divest Verma of his powers was taken by prime minister Narendra Modi led government after the infighting between Verma and his deputy Rakesh Asthana became public.
The apex court had earlier reserved the order on the plea on December 6 after the hearing was concluded by the bench headed by Chief Justice of India Ranjan Gogoi. The court also heard the petition moved by NGO Common Cause which had sought court-monitored SIT probe into allegations of corruption against various CBI officials including Special Director Rakesh Asthana.
During the hearing of CBI Director’s plea, the CVC had told the apex court that extraordinary situations need extraordinary remedies. Solicitor General Tushar Mehta, appearing for the CVC, referred to apex court judgments and laws governing the CBI and said the Commission’s superintendence (over the CBI) encompasses “surprise, extraordinary situations”.
The apex court observed that it was not that the fight between the CBI Director and Special Director Rakesh Asthana emerged overnight, forcing the government to divest the Director of powers without consulting the Selection Committee. It further said the government has to be “fair” and asked what the difficulty was in consulting the Selection Committee before divesting the CBI director of his power.
“The essence of every government action should be to adopt the best course,” the top court said.
On October 23, Verma and Asthana were asked by the government to proceed on leave after both accused each other of corruption and interference in investigations. Divesting the two of their responsibilities, the government appointed then Joint Director M Nageswara Rao as interim in-charge.
The apex court had earlier reserved the order on the plea on December 6 after the hearing was concluded by the bench headed by Chief Justice of India Ranjan Gogoi. The court also heard the petition moved by NGO Common Cause which had sought court-monitored SIT probe into allegations of corruption against various CBI officials including Special Director Rakesh Asthana.
During the hearing of CBI Director’s plea, the CVC had told the apex court that extraordinary situations need extraordinary remedies. Solicitor General Tushar Mehta, appearing for the CVC, referred to apex court judgments and laws governing the CBI and said the Commission’s superintendence (over the CBI) encompasses “surprise, extraordinary situations”.
The apex court observed that it was not that the fight between the CBI Director and Special Director Rakesh Asthana emerged overnight, forcing the government to divest the Director of powers without consulting the Selection Committee. It further said the government has to be “fair” and asked what the difficulty was in consulting the Selection Committee before divesting the CBI director of his power.
“The essence of every government action should be to adopt the best course,” the top court said.
On October 23, Verma and Asthana were asked by the government to proceed on leave after both accused each other of corruption and interference in investigations. Divesting the two of their responsibilities, the government appointed then Joint Director M Nageswara Rao as interim in-charge.