Midnight rejig of CBI brass

Opposition slams the move; govt calls accusations imaginary

Central Bureau of Investigation (CBI) Director Alok Verma and Special Director Rakesh Asthana were stripped of their powers and sent on leave on the intervening night of Tuesday and Wednesday in a bid to end the “factional feud” in the agency.

After the news broke on Wednesday morning, the Opposition attacked the government, terming Verma’s removal as “illegal” and in contravention of the CBI Act. The government, however, defended its decision, claiming that it had followed the provisions of the Central Vigilance Commission (CVC) Act, 2003.

The government also constituted a special investigation team to probe the graft allegations against the two officers.

It appointed 1986 batch Odisha cadre Indian Police Service (IPS) officer M Nageshwar Rao the acting chief of the CBI.

Such a situation is unprecedented in the five-decade history of the CBI, which was set up in 1963. Several other officers investigating important cases — including the one lodged against Asthana on October 15 — were also transferred.

The imbroglio in the CBI is unlikely to end soon.

Verma challenged his removal in the Supreme Court on Wednesday, claiming that it compromised the independence of the agency, and its investigations against “high functionaries” might not take a line desirable to the government.

Verma, a 1979 batch AGMUT cadre officer, said in his petition the CBI should be kept independent of the Department of Personnel and Training (DoPT), which has jurisdiction over the probe agency, since it hinders its independent functioning. The prime minister is in charge of the DoPT.

The court agreed to hear Verma’s petition on Friday. The CBI director gets a fixed two-year term; Verma was set to retire in January next year.

Rafale googly

The Opposition also alleged Verma was sent on leave because he was set to order an investigation into the Rafale fighter jet deal. Finance Minister Arun Jaitley rubbished the allegations, saying the Opposition was imagining things.

Later on Wednesday evening, former Union ministers Yashwant Sinha and Arun Shourie and lawyer Prashant Bhushan moved the Supreme Court, seeking the registration of an FIR into the Rafale deal. Bhushan also alleged that Verma was removed because the three had submitted to him a complaint on the alleged Rafale scam on October 4.

Govt defence

In its statement, the government accused Verma of “wilful obstruction” in the functioning of the CVC, which was looking into complaints of corruption against him, and a “faction feud” with his deputy Asthana that “vitiated” the ecosystem in the agency, leading to potential loss of credibility and reputation.

The government said the CVC passed orders divesting Verma and Asthana of all powers after considering “the extraordinary and unprecedented circumstances”. It also said the CVC invoked its powers (under Section 8 of the CVC Act, 2003) of superintendence over the functioning of the DPSE (CBI), insofar as it related to the investigation of offences under the Prevention of Corruption Act, 1988.

“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 the measures to be adopted as a consequence thereof,” the statement said.

The new team

After taking charge on Tuesday night, Rao, the new chief, overhauled the team probing allegations of corruption against Asthana. He appointed Satish Dagar superintendent of police (SP) to probe the case. The previous investigating officer, Deputy SP A K Bassi, has been shunted to Port Blair.

Rao also has the charge of additional director, along with A K Sharma and Praveen Sinha, both from the Gujarat cadre.

Asthana is a 1984 batch Gujarat cadre IPS officer. Both Asthana and Verma had been summoned by the PM on Sunday and Monday, respectively, to find a resolution. On Monday, a CBI team had raided Asthana’s office and arrested Deputy SP Devender Kumar, who is currently in its custody.