Supreme Court today adjourned the hearing of CBI director
Alok Verma's plea challenging the government's order divesting him of his duties and sending him on leave in view of graft allegations against him. Adjourning the hearing, Supreme Court bench comprising Chief Justice Ranjan Gogoi, Justices S K Kaul and K M Joseph said the Court is yet to examine the CVC inquiry report and if necessary all parties will be given opportunity to respond.
Earlier in the day, CBI Director Alok Verma, in its response to the Supreme Court, said that he was appointed for a fixed tenure of two years and cannot even be transferred. Challenging the government's decision, his counsel and senior advocate Fali S Nariman said Verma was appointed on February 1, 2017 and "the position of law is that there will be a fixed tenure of two years and this gentleman cannot be even transferred".
Nariman said there was no basis for the Central Vigilance Commission (CVC)to pass such an order recommending to send him on leave.
Countering this, Attorney General K K Venugopal argued that Selection Committee and appointing authority are different. Centre appoints from the names recommended by the Selection Committee, but the Selection Committee becomes functus officio once the names are forwarded to the Centre.
Venugopal also argued that CVC has complete superintendence over CBI and the provisions of CVC Act make it clear that superintendence is not limited to corruption matters alone.
He also said that government has not removed or transferred CBI director Alok Verma. Verma was sent to leave till the investigation is over. "Alok Verma continues to hold the status of CBI Director and enjoys all privileges and benefits of the post till date," AG said.
"The government's intervention was to protect the public confidence in CBI, which was getting negative in view of the serious fight between two of its top officials. The intervention was in public interest,"AG added.
Meanwhile, Nariman also told the SC bench that the court cannot prohibit the publication of the content of the petition as Article 19 of the Constitution is paramount. He also referred to the apex court 2012 judgement in a case on the issue.
The bench was irked over the publication of allegations levelled by agency's DIG Manoj Kumar Sinha in a separate plea.
On November 20, the apex court had expressed deep anguish over the purported leak of Verma's response to the CVC's findings against him as also the publication of allegations levelled by the agency's DIG Manish Kumar Sinha in his separate plea.
The court had made it clear that it would not hear any party and would confine itself to the issues red flagged by it.
Miffed over the alleged leak of Verma's confidential response to the CVC's findings, the court had said it wanted to keep the CBI director's response confidential to maintain the probe agency's dignity.
While adjourning the hearing for November 29, the court had taken umbrage to various media reports based on the petition filed by Sinha levelling allegations against various top functionaries.
Sinha in his plea filed on November 19, dragged the names of NSA Ajit Doval, Union minister Haribhai Parthibhai Chaudhary and CVC K V Chowdhury over alleged attempts to interfere in the probe against CBI Special Director
Rakesh Asthana, who has been divested of his duties and sent on leave along with his boss.
The court had earlier issued notices to the Centre, CBI, CVC, Asthana, Verma and Rao asking them to respond to it by November 12. The CVC had on November 12 filed in the apex court its preliminary enquiry report.
The allegations have been levelled against Verma by his deputy Asthana, against whom an FIR has been lodged by the CBI on graft charges. Asthana was also sent on leave by the Centre.
The court had taken both the reports (CVC and Rao) on record on November 12. The CVC probe against Verma was supervised by former Supreme Court judge A K Patnaik and the investigation was completed on November 10.
The CVC was earlier directed by the court to conduct an inquiry into the allegations made in the August 24 note/letter of the Cabinet Secretary with regard to Verma.
Asthana has also moved the apex court with a separate petition in the matter and has sought removal of Verma from the post of CBI Director.
On November 4, Congress leader Mallikarjun Kharge had moved the top court contending that divesting Verma of his statutory powers and functions is "completely illegal and arbitrary".
In an interlocutory application filed in the pending petition, Kharge, who is also a member of the three-member selection committee which appoints the CBI director, said that "as a concerned stakeholder he brings to the attention of the court the brazen and illegal actions" of the political executive in interfering with the independent functioning of the CBI director.
(Inputs from PTI)