Alok Verma

Making his submission before the bench, also comprising Justices SK Kaul and KM Joseph, Nariman said there was no basis for the Central Vigilance Commission to pass an order recommending that Verma be sent on leave.

“There has to be strict interpretation of the Vineet Narain judgment. This is not the transfer and Verma has been denuded of his power and duties...otherwise there is no use of the Narain judgement and the law...,” Nariman said.

The Vineet Narain decision, delivered by the apex court in 1997, relates to the investigation of allegations of corruption against high-ranking public officials in India.

Before 1997, the tenure of the CBI directors was not fixed and they could be removed by the government in any manner. But the apex court in the Vineet Narain judgment fixed a tenure of a minimum of two years for the CBI director to allow the officer to work with independence.

Nariman referred to the terms and conditions of appointment and removal of the CBI director and concerned provisions of the Delhi Special Police Establishment (DSPE) Act, 1946.

Attorney general KK Venugopal opposed the plea of Verma and others that the government should have gone back to the selection panel for divesting the CBI director of his duties and sending him on leave.

Venugopal told the court that Verma is in Delhi living in the same house and hence there is nothing to construe that he has been transferred.

“Verma continues to hold the status of director, and enjoys all privileges and benefits of the post till date,” the AG told the bench, which adjourned the hearing for December 5.

The top court also asked CBI to keep record of all transfers made after Verma was divested of his duties.

Senior advocate Kapil Sibal,