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CBI -Alok Verma Case : SC To Pronounce Verdict Tomorrow
LIVELAW NEWS NETWORK
7 Jan 2019 5:45 PM IST
The Court had reserved orders on December 6.
The Supreme Court will pronounce verdict on the petition filed by Alok Verma challenging the orders of Central Government and CVC which had divested him of the charges of CBI director.The bench of Chief Justice Ranjan Gogoi and Justices S K Kaul and KM Joseph had reserved orders on December 6.It was on October 23 that the midnight order divesting Verma of the charge of CBI Director were issued...
The Supreme Court will pronounce verdict on the petition filed by Alok Verma challenging the orders of Central Government and CVC which had divested him of the charges of CBI director.
The bench of Chief Justice Ranjan Gogoi and Justices S K Kaul and KM Joseph had reserved orders on December 6.
It was on October 23 that the midnight order divesting Verma of the charge of CBI Director were issued by the Central Government.
The very next day he rushed to the SC, challenging the action.
F S Nariman, senior counsel appearing for Verma, argued that the CBI director cannot be removed without prior sanction of the High Powered Committee under Section 4(1) of the Delhi Special Police Establishment
The Attorney General K K Venugopal defended the Centre's decision by stating that Verma has neither been transferred nor been removed from the post of CBI Director. He continues to be CBI Director, but without the charge of the post. This action was taken in view of the corruption allegations against him, submitted the AG.
On October 25, the SC had directed the CVC to complete the enquiry against Verma within two weeks, under the supervision of retired SC judge Justice A K Patnaik. The Court also restrained the interim Director Nageshwara Rao from taking any major policy decisions regarding CBI, except carrying out day to day functions.
The CVC submitted its enquiry report in a sealed cover on November 16. The SC observed that the CVC report is "mixed' against Verma.
During the course of hearings, the Court had asked what prompted the hurried midnight action against Verma on October 23, when the complaint against him was pending since August 2018.
The issue has its genesis in the tussle which brewed up in CBI following the rift between Verma and Special Director Rakesh Asthana.
The AG submitted in Court that the Centre was forced to intervene due to the fight between two officers.
Asthana is named in an FIR relating to bribery allegations, challenging which he has approached the Delhi HC.
Alok Verma, who was appointed as CBI Director on January 20, 2017, is retiring on January 19.
The NGO Common Cause has filed a PIL against Verma's removal. The PIL also sought SIT probe into the corruption allegations against CBI officials. It alleged that Verma was handling investigation of "sensitive" cases and that he was "being victimised for taking action against Mr. Rakesh Asthana, a Gujarat cadre officer and also for entertaining complaint against the top functionaries of the present government".
The PIL was also heard along with Verma's petition and orders were reserved on it as well.