CBI vs CBI Live: Challenging Exile, Alok Verma Tells SC Not All Govt Influence is Explicit

#NewsAlert -- CBI has lost its credibility. The act of appointment and removal by the government is very arrogant, says Dr. M. Veerappa Moily of @INCIndia. | #CBIvsCBI pic.twitter.com/GtEHxcNXje

— News18 (@CNNnews18) October 24, 2018

CBI refuses to comment on statements by government and Central Vigilance Commission on Director Alok Verma's 'non-cooperation'. A spokesperson for the agency told PTI that efforts were being taken to have expeditious, impartial and fair inquiry in bribery case against CBI Special Director Rakesh Asthana. The spokesperson also said that officers with proven credentials included in team probing bribery case against Asthana.

Verma further alleged in his petition that Rakesh Asthana, whose appointment as special director was despite his reservation, stymied decisions crucial to the progress of investigation in sensitive cases, some of them being monitored by Supreme Court. He said that in the recent past, when senior officers of the agency agreed on a certain course of action in cases, Asthana took a different view and posed hurdles.

'Centre’s Decision Goes Against SC Directions for an Independent CBI' : CBI chief in SC Petition | Alok Verma, the CBI chief who has been exiled into leave, has told the Supreme Court in his petition that the government’s decision to divest him of his role was “patently illegal” as the law mandates a 2-year tenure of CBI director to ensure the agency’s independence. "Decision of transfer of CBI director rests with a high powered committee comprising the Prime Minister, Leader of Opposition and the Chief Justice of India. Centre’s decision goes against SC directions for an independent CBI,” the petition reads. Verma alleged in his petition that not all influence exerted by the government is explicit or in writing. “More often than not, it is tacit, and requires considerable courage to withstand it,” he says. Claiming that the autonomy of the country's premier investigating agency is being compromised, he said there are bound to be occasions when "certain investigations into high functionaries do not take the direction that may be desirable to the government".

With the two top officers of the CBI involved in an ugly spat, the government in a midnight move divested the two of their powers and appointed M Nageshwar Rao as iterim director of the investigating agency.

Delhi Chief Minister Raises Questions Over Dismissal of CBI Chief Alok Verma | “Is there a co-relation betn Rafale deal and removal of Alok Verma? Was Alok Verma about to start investigations into Rafale, which cud become problem for Modi ji?” Kejriwal said in a tweet.

Is there a co-relation betn Rafale deal and removal of Alok Verma? Was Alok Verma about to start investigations into Rafale, which cud become problem for Modi ji?

— Arvind Kejriwal (@ArvindKejriwal) October 24, 2018

‘Why is PM Protecting a Corrupt Officer?’: Asaduddin Owaisi | “I've faith that SC would give relief to CBI director as it's violation of Section 4 of Delhi Special Police Establishment Act. I want to know which section CVC used to remove him. Why is PM protecting a corrupt officer? All democratic institutions are being undermined,” Owaisi said.

In a statement issued on Wednesday, Mayawati alleged that the Centre's intrusion in the internal matters of CBI has been going on for some time and is extremely worrying as "such incidents bring down the credibility of the country's premier investigation agency."

Meanwhile, BSP chief Mayawati also ramped up her attack on the centre and said that the misuse of government machinery and interference in the agency's working is a cause of great concern. “Misuse of government machinery and interference in CBI's functioning have earlier also caused disasters and the ongoing disturbance at CBI is a matter of great concern for the nation. It's good that the matter that also had interference of central government is before the Supreme Court now," Mayawati was quoted as saying by ANI. 

Misuse of govt machinery & interference in CBI's functioning have earlier also caused disasters & ongoing disturbance at CBI is a matter of great concern for the nation. It's good that the matter that also had interference of central govt, is before the SC now: BSP chief Mayawati pic.twitter.com/gO7UZLYfso

— ANI UP (@ANINewsUP) October 24, 2018

Jaitley Dismisses Gandhi's Allegations As 'Rubbish' |  At a press conference in Delhi, Arun Jaitley, however, dismissed as "rubbish" allegations that Verma was removed because he wanted to look into the Rafale fighter jet deal. He said the government's decision to remove Verma and Special Director Rakesh Asthana is based on the Central Vigilance Commission's recommendations.

CBI Director Removed Because Agency Questioned Rafale Deal, Says Rahul Gandhi | Targeting Prime Minister Narendra Modi over the CBI row, Congress president Rahul Gandhi on Wednesday alleged that its Director Alok Verma was removed because the agency was raising questions over the Rafale fighter jet deal. Addressing a public rally in Rajasthan's Jhalawar district, the home turf of Chief Minister Vasundhara Raje, Gandhi also alleged that Mehul Choksi deposited money in the bank account of Finance Minister Arun Jaitley's daughter, PTI reported. The CBI director was removed last night because the agency was raising questions over Rafale, Gandhi alleged, adding that Verma had asked for documents of the fighter jet deal.

 "Despite repeated assurances and reminders, the Director, CBI, failed to furnish the records/files before the commission. The CVC has observed that Director, CBI, has not been cooperating in making available records/files sought by the commission relating to serious allegations," the statement read.The CVC has also observed that the CBI director has been non-cooperative, non-compliant with the requirements/directions and has created willful obstructions in the functioning of the commission which is a constitutional body

In a long statement, the government said the CVC, on receipt of a complaint on August 24, 2018 containing various allegations against the senior functionaries of the CBI, has served three notices under Section 11 of the CVC Act, 2003 on September 11 on the CBI director to produce files and documents before the commission on September 14. Various opportunities were given to produce such records and after several adjournments, the CBI assured the commission on September 24 of furnishing them within three weeks.

The environment of faction feud in the CBI has reached its peak, leading to a potential loss of its credibility and reputation of the premier investigating agency besides vitiating the work environment of the organization which has deep and visible impact on the overall governance.

The government Wednesday claimed that ousted CBI Director Alok Verma was not cooperating with the Central Vigilance Commission (CVC) and defended its decision to send him on leave, saying that an "extra-ordinary and unprecedented" situation had arisen due to "grave allegations of corruption" against senior functionaries of the agency.

In view of the above background, he PIB said, the Appointments Committee of the Cabinet has approved that during the period of such interim measure, Shri M. Nageshwar Rao, IPS, presently working as Joint Director, CBI shall look after the duties and functions of Director, CBI with immediate effect.

In view of the above background, he PIB said, the Appointments Committee of the Cabinet has approved that during the period of such interim measure, Shri M. Nageshwar Rao, IPS, presently working as Joint Director, CBI shall look after the duties and functions of Director, CBI with immediate effect.

This has been done as an interim measure and will subsist "till the CVC concludes its inquiry into all issues which have given rise to the present extra-ordinary and unprecedented situation and till the CVC and/or Government of India takes an appropriate decision in accordance with the law as regards to the measures to be adopted as a consequence thereof", the PIB added. 

The Government of India having carefully examined and evaluated the material made available to it, and being satisfied that an extra-ordinary and unprecedented situation has arisen which demands that Government of India shall exercise its powers under Section 4(2) of the DPSE Act, the PIB said. 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 Shri Alok Kumar Verma, Director, CBI and Shri Rakesh Asthana, Spl Director, CBI of their functions, power, duty and supervisory role in any manner as Director, CBI and Spl. Director, CBI respectively.

The PIB in statement said that considering the extra-ordinary and unprecedented circumstances which has emerged, the Central Vigilance Commission in exercise of its powers (section 8 of CVC Act, 2003) of superintendence over the functioning of DPSE (CBI), in so far as it relates to the investigation of offences alleged to have been committed under Prevention of Corruption Act, 1988. has passed orders divesting Shri Alok Kumar Verma, Director, CBI and Shri Rakesh Asthana, Spl. Director, CBI of thefunctions, power, duty and supervisory role in respect of cases already registered and/or required to be registered and/or being inquired/enquired/investigated under the provisions of Prevention of Corruption Act, 1988, until further orders.

The CVC has also observed that the Director, CBI has been non-cooperative with the Commission, non-compliant with the requirements / directions of the Commission and has created willful obstructions in the functioning of the Commission which is a Constitutional body, the PIB said. 

The PIB also said that the CVC, on receipt of a complaint on 24th August, 2018 containing various allegations against the senior functionaries of the CBI has served three separate notices (under section 11 of CVC Act, 2003) on 11th September, 2018 upon the Director, CBI to produce files and documents before the Commission on 14"' September, 2018. Various opportunities have been given to produce such records and after several adjournments, though CBI assured the Commission on 24th September, 2018 to furnish the records within three weeks. Despite repeated assurances and reminders, the Director, CBI failed to furnish the records / files before the Commission. The CVC has observed that Director, CBI has not been cooperating in making available records / files sought by the Commission relating to serious allegations.

The grave allegations of corruption by senior functionaries of CBI one against another, which has been widely reported in media, has vitiated the official eco-system of the organization. The environment of faction feud has reached its peak in the CBI leading to a potential loss of credibility and reputation of the Premier Investigating Agency of the Government It also vitiated the working environment of the organization which has deep and visible impact on the overall governance, the PIB said in a statement. It also added that the grave allegations of corruption by senior functionaries of CBI one against another, which has been widely reported in media, has vitiated the official eco-system of the organization. The environment of faction feud has reached its peak in the CBI leading to a potential loss of credibility and reputation of the Premier Investigating Agency of the Government It also vitiated the working environment of the organization which has deep and visible impact on the overall governance. 

A petition has been filed in Bombay High Court seeking setting up of a Special Investigation Team (SIT) for an investigation into Alok Verma - Rakesh Asthana issue. The petition also demands a retired Supreme Court judge in the SIT, reports ANI

All sensitive cases including Vijay Mallya and Agusta Westland cases will be personally supervised by new interim Central Bureau of Investigation chief Nageshwar Rao, ANI reported. 

With the two top officers of the CBI involved in an ugly spat, the government in a midnight move divested the two of their powers and appointed M Nageshwar Rao as iterim director of the investigating agency.

Congress chief Rahul Gandhi is speaking at a rally in Rajasthan's Jhalavar. He said that the CBI director was seeking papers on Rafale scam and was removed from the post last night. 

Questioning the government's stand on the CBI controversy, the Congress said the decision should have the approval of the selection committee. "CVC has no jurisdiction to appoint or remove any CBI officer. It’s role is strictly of supervision," the Congress quipped. It also accused the government of  misleading  the country.

News18 creative by Mir Suhail. 

Congress leader Abhishek Manu Singhvi rapped the government over its stand on the CBI controversy. He said that the government compromised with the integrity of CBI to save itself from being exposed in Rafale scam. "This unconstitutional and illegal move has ashamed India," Singhvi said.