CBI Director Alok Verma joins office after 77 days of forced leave

NEW DELHI: CBI director Alok Kumar Verma joined office on Wednesday, 77 days after he was sent on forced leave by the central government through a much-criticised late-night order on October 23, 2018, which was set aside by the Supreme Court.

The October order sent Verma and his deputy special director Rakesh Asthana, booked by the agency on corruption charges, into exile in a first-of-its-kind move by the government in the agency's history.

In sending Verma on leave, the government overlooked the immunity given to the CBI director by the Supreme Court ensuring a two-year minimum tenure to protect the incumbent from any political interference.

The government tried to justify its decision, saying it became necessary amid an unprecedented feud between the two senior-most officials of the agency who had levelled charges of corruption on each other, an argument rejected by the apex court Tuesday.

The government had given charge to then Joint Director M Nageswara Rao who was later promoted as additional director in the agency.

Verma had challenged the move in the Supreme Court which clipped the powers of Rao as director in-charge and barred him from taking any major policy decision till a final order comes from it.

In its order on Tuesday, the Supreme Court set aside Verma's forced leave but restrained him from taking any major policy decision till the CVC probe into corruption charges against him is over.

Even though the SC reinstated Verma, the order said that the chief will only undertake 'routine functions' barring him to take any 'policy decisions'.

However, several retired and serving officials pointed out the Delhi Special Police Establishment Act, which governs CBI’s functioning, has nothing specific that refers to any particular task in CBI as 'policy decision'.

Despite SC's conditions, if Verma wants, he can continue with investigations into ongoing cases and even register new FIRs/PEs as a CBI director’s 'routine work' includes receiving complaints, registration of preliminary enquiries (PEs), FIRs, supervising court trials and transfer/postings.

The court had said that a meeting of the high-powered committee, which comprises the PM, the leader of opposition and the CJI, will be called this week to take the decision on the basis of the findings of the CVC inquiry into the corruption allegations against Verma.

Due to Verma's impending retirement, the selection committee will have to take a call in the next few weeks, otherwise the issue becomes infructuous.