Mixed findings in probe against CBI’s chief: SC
No clean chit yet, apex court seeks response of Alok Verma
NEWDELHI: The Central Vigilance Commission (CVC) has been “very complimentary” on some charges levelled against Central Bureau of Investigation (CBI) director Alok Verma by his deputy Rakesh Asthana and “very uncomplimentary” on some, the Supreme Court noted on Friday, indicating that the top vigilance watchdog has not given a clean chit yet to the head of the India’s premier investigating agency.
The bench, comprising chief justice of India (CJI) Ranjan Gogoi and justices Sanjay Kishan Kaul and KM Joseph, ordered that a copy of the report be handed over to Verma, whom it asked to file a response in a sealed envelope by 1pm on Monday. The court said it would take up the case on Tuesday, November 20.
“CVC has filed an exhaustive report with documents. It can be categorised into four parts. One, it is very complimentary on some charges, not so on others, very uncomplimentary on some and with regard to some, CVC requires further investigation,” the bench told Verma’s counsel, senior advocate Fali S Nariman, after perusing the report that was handed to it on November 12 in a sealed envelope.
CVC told the court its probe of the corruption charges levelled against Verma by Asthana was still incomplete.
The top court had on October 31 directed CVC, which has jurisdiction over the CBI, to enquire into the charges levelled against Verma on the director’s petition challenging a government order sending him on leave, and asked the commission to submit its report within two weeks. The inquiry was conducted under the supervision of retired Supreme Court judge AK Patnaik.
Verma and Asthana were divested of their responsibilities on the intervening night of October 23 and 24 after their running feud threw the federal investigating agency into disarray.
Asthana wrote to the cabinet secretary on August 24, alleging interference by Verma in sensitive cases and claiming that the director had taken a bribe. The cabinet secretary then asked CVC to look into the matter. Subsequently, CBI filed an FIR against Asthana to investigate alleged instances of corruption.
NEW DELHI: The Andhra Pradesh government of N Chandrababu Naidu and the West Bengal government of Mamata Banerjee have both barred the Central Bureau of Investigation (CBI) from exercising authority in their state without express consent in each case, making the point that they doubt the independence of the country’s premier investigating agency.
The Telugu Desam Party government, until March an ally of the ruling National Democratic Alliance (NDA) at the Centre, will not allow the CBI to conduct raids or investigations in Andhra Pradesh without its prior approval.
“In exercise of the powers conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government hereby withdraws the general consent accorded (in GO Ms 109) to all the members of the Delhi Special Police Establishment to exercise the powers and jurisdiction under the said Act in the state of Andhra Pradesh,” a government order said.
Banerjee, who heads a Trinamool Congress government, first supported Naidu’s decision. Later in the evening, a senior West Bengal government functionary said on condition of anonymity that the state has decided to follow Andhra’s example.
CBI functions under the Delhi Special Police Establishment Act, which gives it complete jurisdiction over Delhi and allows it to enter other states with the ‘general consent’ of that state’s government. In the absence of such consent, CBI cannot interfere in any case within the limits of states. The Naidu government has vested the state investigation agency with the responsibilities of CBI. Details of what the Bengal government has done aren’t available and it isn’t clear whether an order was passed.
In Andhra, state home minister N Chinarajappa said the decision to block CBI in the state arose out of a sense that the agency was being misused by the Centre.
“If you see the developments in last 2-3 months, CBI is being misused for political purposes. There is a change in even CBI. People, intellectuals and advocates of Andhra Pradesh are suggesting that the state should be careful.”
Last month, the central government sent CBI director Alok Verma and his deputy Rakesh Asthana on leave after they traded allegations of corruption in an increasingly public feud that has reached the courts.
In March, Naidu pulled out of the Bharatiya Janata Party (BJP)-led NDA government at the Centre to protest the denial of special category status to Andhra Pradesh that would have given it access to Central grants to fund development projects, following its 2014 bifurcation to create the state of Telangana. He has since joined an alliance with the Congress to fight upcoming elections in Telangana. He has also been trying to build consensus for a united front against NDA in 2019. Banerjee is trying to do the same.
Opposition allegations that the Centre is misusing the CBI to harass its rivals are common. On Friday, Delhi chief minister Arvind Kejriwal tweeted in Hindi: “Chandrababu has done the right thing. Modi is misusing the CBI and Income Tax Department.” He also advised Naidu “to not allow the I-T Department in the state.”
“What the Naidu government has done is absolutely right. We will also look into the rules under which it was done. Earlier, we didn’t need to use such provisions but we need to do it now as BJP is using CBI and other agencies to pursue its own political interests and vendetta,” Banerjee said.
In New Delhi, BJP spokesperson G V L Narasimha Rao alleged that the Naidu government’s decision was a “clear malafide exercise of power” to ensure that “corruption” was not exposed. “A nervous and completely rattled Naidu is trying to save his government,” Rao said.
“We haven’t received Andhra Pradesh’s notification revoking general consent to CBI for probing officials of Centre in the territory of AP. Once we receive it, we will examine it and take steps accordingly,” said CBI spokesperson Abhishek Dayal.