CBI & Central Government Clashes; Supreme Court Orders CVC To Complete The Inquiry Against Ousted CBI Director Alok Kumar Verma In Two Weeks

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

Supreme Court of India intervened in the ongoing dispute in the CBI by ordering Central Vigilance Commission (CVC) to complete the inquiry against the current CBI Director Alok Verma in two weeks.

Brief Facts

Roots of dispute in the top investigative agency of the country were first observed in October 2017 when the Director of CBI Alok Verma objected to the appointment of Rakesh Asthana as CBI special director. Mr. Rakesh Asthana reported to CVC that Mr. Verma and others were involved in corruption cases. Alok Verma filed a complaint against CBI special director Rakesh Asthana accusing him of bribery and corruption. The feud between the two senior-most officials of CBI became public. Government to maintain harmony in the functioning of CBI compulsorily sent both the top officers on leave relieving them of their duties. Mr. M. Nageswar Rao became the interim chief of CBI.

Mr. Verma by way of writ petition challenged the order of government dated 23.10.2018 relieving him of his duties and sending him on leave before the Supreme Court of India. Mr. Asthana also moved to Supreme Court of India challenging decision of government sending him on compulsory leave.

NGO Common Cause also filed a writ petition related to the facts of present matter praying Supreme Court-monitored probe into corruption allegations against CBI top officials, removal of CBI Special Director and the current interim CBI Director as both are accused of corruption.

Arguments Advanced And Verdict Of The Court

Senior Advocate Fali S. Nariman appearing for Mr. Verma argued that Supreme Court judgment of Vineet Narain protected CBI from government action and same was incorporated in the legislation by Central Vigilance Commission Act of 2003 and amendments to Delhi Special Police Establishment Act of 1946 (DSPE). He further argued that under DSPE Act it is clearly mentioned that CBI Director is appointed for a fixed term of two years by a High-Powered Committee and CBI director can be transferred only with the previous consent of the Committee. The order passed by the government is done without consulting the committee and hence, bad in law.

Calling this a case of national importance that should be dealt with immediately, Bench of Chief Justice Ranjan Gogoi, Justice S.K Kaul, Justice K M Joseph issued an interim order giving a string of directions to be followed which were as follows:

  1. Inquiry against the CBI Director must be finished within 10 days under the supervision of a retired Supreme Court Judge namely A.K Patnaik.
  2. Interim CBI Director will not take any policy decisions and will carry out only day to day routine work of CBI. Further, the government or CBI will submit in court a list of major decisions taken by interim CBI in a sealed cover.

Attorney General K.K Venugopal prayed for more time to be granted to CVC for conducting the inquiry. To which the Bench replied by saying that right now the scope of inquiry is limited to finding out if there is a prima facie case or not.  

Court refused to hear Senior Advocate Mukul Rohtagi appearing on behalf of Mr. Asthana saying that

“we cannot hear you on something, not before us. File a separate writ”.

Petition to that effect was filed the same day.

Senior Advocate Dushyant Dave appearing for NGO Common Cause questioned the method of appointment of CBI Special Director Mr. Rakesh Asthana as certain cases were pending against him. Mr. Dave also brought to the knowledge of the bench that newly appointed interim Director CBI transferred officials overnight and investigations those matters must be protected from being affected.

Author’s Opinion

Supreme Court rightly stepped into the matter as this interim order will make sure that CBI continues to function smoothly and at the same time if any top-officer who is involved in any corruption case will be revealed. The interim order passed also makes sure that the entire matter is resolved quickly.

LEAVE A REPLY

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

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -