CBI officers fighting like cats: Centre

NEWDELHI: The Union government on Wednesday defended its intervention in the “cat” fight between senior Central Bureau of Investigation (CBI) officers – director Alok Verma and his deputy special director Rakesh Asthana – saying it took the unprecedented step of divesting the two of their powers to protect the institution’s credibility, even as the Supreme Court wondered if the government had the power to divest the agency’s top boss of his responsibilities under the Prevention of Corruption Act.

“The bitter fight between the senior most officers had exposed the CBI to ridicule. It was becoming critical and a matter of public debate. The government was watching with amazement as to what the top officers were doing. They were fighting like Kilkenny cats ,” attorney general KK Venugopal told a bench led by Chief Justice of India (CJI) Ranjan Gogoi. “Government of India had to look at totality. Totality required action because of disgrace to institution,” he added. His reference to Kilkenny cats comes from an Irish children’s rhyme about two cats fighting because they both thought “there was one cat too many” .

The internecine fight between the two officers roiled the agency and forced the government to divest both of their powers on October 23. This was challenged by Verma in the apex court. The bench, also comprising justices Sanjay Kishan Kaul and KM Joseph, drew Venugopal’s attention to the provisions of the Delhi Special Police Establishment Act, an administrative law dealing with the superintendence over CBI.

Justice Joseph referred to section 4(1) of Prevention of Corruption Act (PCA) and said the Central Vigilance Commission (CVC) would have superintendence over CBI when it came to matters under the corruption law. Section 4(2), he pointed, allowed the Centre to have its superintendence over CBI in all other matters.

The reason why Justice Joseph referred to the anti-corruption law was because Verma and Asthana have accused each other of corruption. While Asthana wrote to the cabinet secretary listing out the charges against him, Verma was instrumental in lodging a criminal case against Asthana.

Referring to the law, justice Joseph asked if the Centre had also divested Verma of powers under PCA. “He has been immobilised”, the AG replied. He has been divested of all powers for now, he said. But justice Joseph inquired if the action taken would “not betray the non-application of mind,” to which AG responded by saying that the order needs to be looked as a whole.

“The government was compelled to intervene. It should have intervened in July itself [when complaints were made]. This seriously affected government and it had to act to put an end to this”, the attorney pleaded

He further explained that while large number of allegations against Verma were covered under section 4(1), some also fell within the purview of section 4 (2). For the government, the trust of the people in the agency was being reduced, prompting its interference, he argued.

Venugopal rejected Verma’s contention that action against him was a transfer, which could not be done without the approval of Prime Minister-led high-powered panel that appoints the CBI director. The leader of the largest party in Opposition and the CJI are the other members of this committee. As for the Kilkenny cats, according to the rhyme, the only thing left at the end of the fight were the nails and “the tip of their tails”. “Instead of two cats, there weren’t any.”