Late by a day to submit the preliminary enquiry report on allegations against CBI director Alok Kumar Verma, the Central Vigilance Commission (CVC) brought its sealed cover report to the Supreme Court on Monday with an apology for the delay. Left with no option but to accept the apology, the bench posted hearing of the case to Friday.
The bench of Chief Justice of India (CJI) Ranjan Gogoi and Justice SK Kaul told solicitor general Tushar Mehta appearing for the CVC that they waited till late Sunday night in the hope that the sealed cover report will reach them, but to no avail. The bench wondered what stopped the CVC from intimating any of the registrars about the delay.
The entire proceeding before CVC was monitored by retired Supreme Court judge, Justice AK Patnaik. Mehta said that the report was finalised on Saturday, but it could not be filed on Sunday. The bench said, "We waited till 12.30 in the night. On Sunday we kept the office open just to receive the report."
The court even enquired about other reports to be filed in the sealed cover, over decisions taken by acting CBI director M Nageshwar Rao, from the date of his appointment on October 23 till October 26, when the court passed its order restraining him from taking any further policy decisions. This report too was brought to court by additional solicitor general PS Narasimha. The court took both reports on record.
Senior advocate Dushyant Dave appearing for the Common Cause NGO informed the court that the acting director had violated the court's earlier order. The bench said, "If you are aware of decisions taken by the acting director in violation of our order, feel free to approach the court."
Verma had approached the court challenging the order sending him on forced leave along with his deputy, special director Rakesh Asthana. The rift between the two officers came out in the open when the CBI lodged an FIR against Asthana for alleged bribery, regarding receiving money from a businessman facing probe in a case. Asthana too lodged a complaint against Verma before the CVC.
The investigating officer in the case against Asthana, DSP AK Bassi, and Congress leader Mallikarjun Kharge have also intervened in the present proceedings.