Prove Rao has taken major decisions or will close case, top court tells NGO

NEW DELHI: The Supreme Court on Friday asked NGO 'Common Cause' to prove its allegation that acting CBI director Nageswar Rao had taken major decisions or else it would close the case.

On October 26, the court had taken note of allegations by senior advocate Dushyant Dave, appearing for the NGO, that Rao had hastily transferred officers out of Delhi and changed officers investigating serious cases. The SC had asked Rao to give details of all decisions, including the transfers, taken by him from October 23 till October 26 and restrained him from taking any policy decisions. It had asked him to take day-to-day decisions to keep the CBI functional .

On Friday, CJI Gogoi said, "You (Dave) had said that Rao had taken major decisions but you have not given any list of such decisions. So, we will presume that he has not taken any major decision. Unless you point out the major decisions taken by him, we will close the file." Dave said he would answer this during the next hearing on Tuesday and the court agreed to wait till then. The CBI has already provided a list of decisions taken by Rao in a sealed cover to the SC.

"In so far as decisions taken by acting director Rao are concerned, we have considered the details of the decisions that he has taken up to the date of the order, that is October 26. While it will be open for any party to supplement the said list, we defer consideration of the matter to Tuesday," the bench said.

DSP A K Bassi, who was transferred to Port Blair from New Delhi, through advocate Rajeev Dhavan, attempted to draw the court's attention to his plea questioning his transfer. The bench said, "You are the one who has been transferred to Port Blair? It is a good place." The SC told Dhavan it would hear him on Tuesday.

When senior advocate Kapil Sibal stood up to argue, the bench asked whom he was representing. Sibal said he was for Congress leader Mallikarjun Kharge.

Sensing the mood of the bench, Sibal said he did not want to argue Kharge's case and would put forth his submissions on Tuesday. The bench agreed.