In a bitter battle inside CBI, Supreme Court Steps in to Resolve Dispute between CBI’s No. 1 and No. 2 and limit CVC’s & Government’s Interference

Must Read

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Explained: Constitutional Provisions and Legislations With Regards to a Person with Disabilities

The world celebrates December 3 as International Day of Persons with Disabilities (IDPD). This day is also called World...

“Pro-Enforcement Bias” Towards Foreign Arbitral Awards Domestically, in light of Vijay Karia and Ors. V. Prysmian Cavi E Sistemi S.R.L and Ors.

International Arbitration faces challenges domestically due to unharmonized local laws for enforcement. Often it may occur that an award...

Follow us

Top court of the country stepped in to examine why top officials at the Central Bureau of Investigation (CBI) were waging a war against each other. Supreme Court of India on Friday ordered Central Vigilance Commission (CVC) to complete ongoing investigation against the CBI Director in two weeks.

Brief History

Incoherence in the functioning of CBI first came to light when CBI Director Mr. Alok Verma raised objections on the appointment of Mr. Rakesh Asthana as CBI special director in October 2017. This issue got more heat when Prashant Bhushan questioned the integrity of Asthana and challenged his appointment in the Supreme Court.  CVC in July 2018 held a meeting to decide promotion of top-officers in law enforcement agencies which Mr. Asthana attended as deputy because Mr. Verma was abroad on some official work. Mr. Alok Verma on his return objected to this action of Mr. Asthana saying that he did not authorize him to act as director in his absence. A month later Mr. Asthana reported to CVC alleging Mr. Verma and certain other officers of receiving bribe from a businessman to aid him in getting relief from repeated questioning. Around mid-October 2018 CBI filed FIR against Mr. Asthana and DSP Devender Kumar accusing them of bribery and corruption and thereafter DSP Devender Kumar was arrested. By this time feud between the two officials had come out in the open. Government to control the damage and maintain the integrity of CBI sent Mr. Rakesh Asthana and Mr. Alok Verma on compulsory vacation, relieving them of their duties and appointed M. Nageswar Rao as interim CBI chief. On the very next day, 13 CBI officers were transferred and case files related to Qureshi were taken in CBI custody. CBI in its FIR filed in mid-October alleged that Mr. Asthana took a bribe of two crores from a businessman through two middlemen to sabotage the probe against meat exporter Moin Qureshi. Apparently, this was the same businessman who according to Mr. Asthana had bribed Mr. Alok Verma and certain other officers to help him get relief from repeated questioning.

Mr. Alok Verma challenged the government order relieving him of his duties before the Supreme Court of India. Mr. Rakesh Asthana followed and N.G.O Common Cause also filed a writ petition on similar facts.

The issue took a political turn when Congress President Rahul Gandhi was detained by Delhi Police for staging a protest demanding the reinstatement of CBI Director Alok Verma. Rahul Gandhi was released later and he said that “PM Modi has destroyed every institution in the country be it CBI or Election Commission. He is attacking each and every institution because there’s only one reason behind it- Chowkidar chor hai. (Watchman is a thief) He has put Rs.30,000 Crore in Anil Ambani’s pocket”.Top Congress leaders also joined the protest march to CBI headquarters demanding an apology from the Prime Minister.

Home Minister Rajnath Singh replied to Rahul Gandhi’s comment saying that Congress doesn’t have any people’s issue to raise which is why they are taking up these non-issues. We should wait for the investigative report. Finance Minister Arun Jaitley defended the action of the government saying that move was necessitated to ensure fairness in the probe even as the CVC, which supervises over the administrative functions of the CBI, is looking into the matter.

Verdict of the Court

Supreme Court ruled that CVC shall complete the investigation against Mr. Verma in two weeks under the supervision of retired judge A.K Patnaik and that interim chief will only carry out daily routine work of CBI. The bench also said that CBI or the government will give a list of all the directions issued by interim-director of CBI Director in a sealed cover to the Supreme Court. Supreme Court also commented that it is a matter of national importance and should be herd immediately, The Bench also clarified that because of the national importance of the case for the country and is one-time exception without casting aspersions on any constitutional or statutory authority on the investigation being monitored by a retired Supreme Court judge. Writ Petition by NGO Common Cause was also taken up for hearing, petitioners therein prayed that Mr. Rakesh Asthana should be removed from the post of CBI Special Directors because of various corruption cases pending against him and Interim CBI Director was not fit for the job. Advocate for Rakesh Asthana also tried to address the bench but the bench headed by Chief Justice Rajan Gogoi refused to listen to advocate for Rakesh Asthana as they had not filed any writ petition before the court. Writ Petition was subsequently filed.

Author’s Opinion

The intervention of the Supreme Court is a welcome step as this will ensure that investigation in corruption charges against Alok Verma is completed in a fair and timely manner. This will also give some hint to the investigative agency as to who is the guilty party here.


Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Bombay High Court Says Pleas Against the Rejection of Nomination Before the Polls Is Not Maintainable

Bombay High Court on Wednesday held that a candidate cannot challenge his nomination by filing a writ petition before a court prior to the polls after his nominations have already been rejected by the Returning Officer (RO) for the Panchayat elections of January 15.

Bombay HC: It Will Be Difficult if Civic Bodies Don’t Take Action on Illegal Constructions

The Bombay High Court said on Wednesday that if the Municipal Corporations do not take action on the illegal constructions, things will become very difficult. This observation was made by a bench comprising Chief Justice Dipankar Dutta and Justice Girish Kulkarni while hearing a PIL after the Bhiwandi building collapse on September 21st, 2020 which led to the death of 39 lives. Mumbai Thane, Ulhasnagar, Kalyan-Dombivli, Vasai-Virar, Navi Mumbai, and Bhiwandi-Nizampur corporations were filed as respondents.

Uttarakhand High Court Directed State Authorities To Frame SOP Regarding Kumbh Mela 2021

Noticing the commencement date of Kumbh Mela 2021 amid pandemic from 27 February 2021, the Uttarakhand High Court on Monday expressed concern with regard to organizing and conducting of the Mela and directed State Authorities to discuss and resolve the logistical problems which can come in organizing the Mela during the pandemic time.

Writ Petition Not Maintainable Against Mahindra Finance, Being a Purely Private Body: Allahabad High Court

The Allahabad High Court reiterated that Writ Petition against the purely private body is not maintainable and dismissed the petition which was filed against Mahindra Finance Bank as Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another.

Publication of Notices for Inter-Faith Marriages No Longer Mandatory: Allahabad High Court

The Allahabad High Court has passed a landmark judgment that likely brings relief to inter-faith marriage. The Court on Wednesday said that the mandatory publication of Notices of Inter-Faith marriages will now be optional to protect the Privacy and Liberty of the Couple. The Court observed that the publication of the notice would “invade the fundamental rights of liberty and privacy”. Therefore, it has made it optional for the couple, they can now request in form of writing to a marriage officer to publish or not to publish a notice regarding the marriage.

Bombay High Court to NIA: Consider Health and Age of Varavara Rao Before Opposing His Bail Plea

The Bombay HC on Wednesday observed that ‘we are all humans’ and asked the National Investigation Agency and the Maharashtra Government to consider the health and age of the Telugu poet-activist Varavara Rao before making submissions in response to his bail plea application on medical grounds.

Supreme Court Agrees To Examine Centre’s Plea To Keep Adultery a Crime in Armed Forces

The Centre appealed to the Supreme court on Wednesday, pleading that the 2018 judgment of decriminalizing adultery under IPC must not apply to the armed forces. The Supreme Court in a path-breaking verdict in 2018 decriminalized adultery and declared all its provisions unconstitutional as it diminishes the value of women, but maintained that it continues to be a ground for divorce.

Supreme Court Examines the Pollution in Yamuna River for the Second Time

The Supreme Court on Wednesday made a second attempt to clean the Yamuna river by taking a Suo Moto Cognizance of significantly high levels of ammonia water discharged from neighbouring states like Haryana into Delhi.

Fetus Suffering From Anencephaly, Woman’s Plea To Terminate 28-Weeks Pregnancy Allowed by Delhi HC

Based on the report of the medical board constituted by AIIMS, the Delhi High Court on Monday allowed a petition filed by a woman seeking the termination of her 28-weeks pregnancy. They said in its report that the fetus suffered from anencephaly, a disorder where the skull bone is not developed and was thus incompatible with life, therefore her fetus can be aborted.

More Articles Like This

- Advertisement -