Kharge moves SC over CBI director being sent on leave
Terms the move ‘illegal, arbitrary’
› The tenure and term of the CBI director is protected and even the transfer cannot be effected without the previous consent of the committee MALLIKARJUN KHARGE, Cong MP
NEWDELHI: Congress leader Mallikarjun Kharge on Saturday moved the Supreme Court against what he described as the ‘illegal’ decision to divest CBI chief Alok Verma of his powers, and added that this violates the law that relates to the agency.
Kharge’s move comes 10 days after Verma and his warring deputy and the agency’s special director Rakesh Asthana were both divested of their powers. The Central Vigilance Commission is now conducting a court-monitored probe into allegations raised by Asthana against Verma. Kharge was part of the selection committee, along with the then Chief Justice of India and the Prime Minister, that chose Verma in 2017.
“The act (of divesting Verma of his powers) is, completely illegal, arbitrary, punitive, without jurisdiction”, Kharge, who is the leader of the opposition in Lok Sabha, said in his petition.
The Congress leader added that given his position on the three- member committee that selects the CBI chief, he should be heard before any order is passed in the case. “The tenure and term of the CBI director is protected and even the process of transfer cannot be effected without the previous consent of the committee,” he added.
The Congress leader said it was in national and public interest to protect and maintain the institutional sanctity and integrity of India’s premier investigating agency. An official from the PMO refused to comment on the issue. Alok Verma and his deputy Rakesh Asthana were divested of all responsibilities through a 2.30am order on October 24. Nageshwar Rao was appointed the interim chief.Verma challenged the government order within hours of being stripped of his powers as the agency’s boss.
The court has set a two-week deadline for the completion of CVC probe against Verma and asked a retired judge to monitor it.While the government said the court order would “ensure that highest standards of fairness are maintained”, the opposition Congress interpreted the direction to imply that the court didn’t trust anti-corruption watchdog CVC enough. Kharge, in his petition, said the top court has in the past “unequivocally observed that holders of public office are entrusted with powers which have to be exercised in public trust.” Corruption in public life, if permitted to continue unchecked has ultimately the deleterious effect of eroding the Indian polity. And, it was for this reason that the top court had passed directions for effective functioning and independence of the CBI and CVC, he added.