With the Alok Verma Vs Rakesh Asthana feud reaching its peak, govt acts. Divests them of powers, appoints interim director

NEW DELHI: Perturbed by the vitiation of the eco-system of the CBI due to a fight between CBI Director Alok Verma and special director Rakesh Asthana for over a year now, the government finally acted and divested both the officers of their powers, duties and supervisory roles in the agency and sent them on “compulsory leave” before appointing an interim Director – M Nageswar Rao - in a late-night crackdown on Tuesday.

Asserting that the level of feud between the two officers had reached its “peak” leading to a potential loss of credibility and reputation of the premier investigation agency, the government said that the decision was taken on a recommendation from the CVC which supervises and superintends CBI’s work.

“The CVC, which received details of the charges both officers had levelled against each other, made its recommendations last evening as an “accused or potential accused” cannot be allowed to be in charge of investigation against them, finance minister Arun Jaitley said in the cabinet briefing. The government has no role in it, he added.

He said an SIT would look into the charges, which have led to a “bizarre and unfortunate situation”.

“To maintain the institutional integrity of the CBI and in the interest of fairness, they will sit out and go on leave as an interim measure so that the SIT does not function under the officers under investigation. It is in accordance with the highest standards,” Jaitley asserted.

The government, in a detailed statement, also claimed that CBI director Alok Verma was “non-cooperative” and “non-compliant” with the directions/requirements of the CVC and had even created “willful obstructions” in the functioning of the constitutional body.

It said that considering the “extraordinary” and “unprecedented” circumstances have emerged, CVC exercised its powers under section 8 of CVC Act, 2003 and wrote last evening to the government that both Verma and Asthana should not have any role in CBI’s functioning of corruption cases until “further orders”.

Government officials said that Alok Verma had not been cooperating with the chief vigilance commission (CVC) for past over 40 days, and had not provided documents to it in his allegations against Asthana, which he first levelled through a secret note in October 2017.

The CVC informed the government in a letter last evening that Alok Verma had registered an FIR against Asthana under section 13 (1) (d) of prevention of corruption act, which has since been “omitted” and the case has been based on complaint of an accused.

The Department of Personnel and Training, later in the night, then used its powers under section 4 (2) of Delhi Special Police Establishment (DSPE) Act. “The government of India has evaluated the material before it and in the interest of equality, fair play and principles of natural justice, decided to divest Verma and Asthana of their functions, powers, duty and supervisory role in any manner in CBI,” it said.

Rao’s appointment as CBI head is an “interim measure” and will subsist “till CVC concludes its inquiry into all issues which have given rise to the present extraordinary and unprecedented situation and till CVC and/or government takes appropriate decision in accordance with the law”.

Rao, 1986 batch Odisha cadre officer, who was posted as joint director in the agency took charge as the chief last night itself.

His first decision as CBI chief was to transfer 14 officers including the whole team probing corruption FIR against Asthana.

While joint director (policy) A K Sharma, who had sided with Verma in the whole feud, was shifted as Joint Director MDMA (multi-disciplinary monitoring agency, which is looking to Rajiv Gandhi assassination), DIG Manoj Kumar Sinha was shunted out to Nagpur, and investigating officer – DSP Ajay Kumar Bassi to Port Blair.

Sources say that Verma’s office at 11 th floor at CBI headquarters was also searched by a team on Wednesday morning as there are serious corruption charges against him.

As part of the clean-up, sources said that CVC and CBI both will investigate the conduct of Verma and Asthana and officers who were working for them.

It is for the first time that such allegations had propped up inside CBI and agency had filed an FIR against one of its special director.

The feud between Verma and Asthana, senior IPS officers of UT cadre and Gujarat cadre respectively, has been going on for over a year now. Many central government officers have expressed displeasure over government allowing this to go on for so long and now acting soon.

Asthana had written to the CVC and cabinet secretary on August 24 alleging that Verma, AK Sharma and others were indulging in big-time corruption in at least 10 cases and had taken Rs 2 crore bribe from Hyderabad based businessman Sathish Babu Sana, who was being investigated in Moin Qureshi case.

On the other hand, Verma had last year accused Asthana of taking a bribe from Sandesaras in Sterling Biotech case. Last week itself, Verma filed an FIR against Asthana and arrested a member of Asthana led SIT – DSP Devender Kumar alleging that they took Rs 3 crore bribe from Sana.