Probing SC questions on CBI feud

The Supreme Court on Thursday reserved its ruling on ousted CBI director Alok Verma's plea for reinstatement. However, it has asked the government probing questions that indicate the possibility of the court itself appointing a new director and passing an adverse order against the government.

The 3-judge Bench headed by Chief Justice Ranjan Gogoi has to also rule on NGO Common Cause’s petition seeking a court-monitored SIT probe into alleged corruption by various CBI officials, including second-incommand Rakesh Asthana who was also benched in the midnight drama.

The Bench, which also included Justices S K Kaul and K M Joseph, had initially asked the Central Vigilance Commission to complete the

probe against Verma within two weeks to decide on his petition for reinstatement. However, the court later changed the goal post giving priority to ascertaining whether he can be removed without consulting the selection committee. The committee comprises the PM, the CJI and Congress leader Mallikarjun Kharge.

To a pointed question by the court, Verma's counsel Fali S Nariman said the Supreme Court can definitely appoint a new director in its capacity as the highest constitutional authority.

The court appeared not satisfied with Attorney General K K Venugopal’s response justifying the midnight decision on the ground that the two officers were engaging in a cat fight – a situation that the AG said had been developing since July.

The CJI said if their fight did not happen overnight, where was the need to divest them of their powers? Also, why immediate steps were not taken to consult the selection committee? He noted that the committee, of which he is also a member, had not been consulted till date.

"It is not that the fight between the two top CBI officers emerged overnight so as to force the government to take immediate steps to divest the CBI director of his powers without consulting the selection committee," the CJI said.

He posed the query when Solicitor General Tushar Mehta, appearing for the CVC, said extraordinary situations, at times, need extraordinary remedies and it has the power of superintendence over the CBI to deal with "surprise, extraordinary situations."

The CJI said the government has to be "fair" and the "essence of every government action should be to adopt the best course and in the interest of the institution."