Congress leader moves SC to quash CVC order

Kharge’s application said the orders violated the powers conferred upon the Statutory Committee

NEW DELHI: Congress leader Mallikarjun Kharge on Saturday moved an application in the Supreme Court requesting it to quash the separate orders of Central Vigilance Commission (CVC) and Ministry of Personnel issued on October 23 that divested CBI Director Alok Verma of his powers, saying the move was “completely illegal, arbitrary and without jurisdiction.”

Kharge’s application said the orders violated the powers conferred upon the Statutory Committee — a threemember panel comprising Prime Minister, Chief Justice of India and Leader of Opposition — under Section 4A of the Delhi Special Police Establishment (DSPE) Act 1946.

Kharge, who is also on the Statutory Committee, said the DSPE Act provides that the Director of Central Bureau of Investigation (CBI) shall be appointed on the recommendation of the committee and transferred also only with its consent.

“Filed a petition before Supreme Court requesting it to quash order of Centre because it is illegal... They should have called meeting of all — Prime Minister, Chief Justice of India and me. Without any meeting, without committee’s consent, they overnight asked him (CBI Director) to go on leave indefinitely,” Kharge said.

The Lok Sabha MP said the orders were in “violation of Central Bureau of Investigation Act” and alleged that the CVC also violated rules by asking Verma to go on leave.

“Violation is there and it’s clearly PMO’S direct involvement in autonomous bodies. So, I have challenged that and filed a petition before Supreme Court. Let’s see what happens.”

The Congress leader referred to the apex court’s observation in Vineet Narain vs Union of India (1998) case wherein, he said, it was held that recommendations for appointment of the CBI Director shall be made by a committee headed by the Central Vigilance Commissioner with the Home Secretary and Secretary (Personnel) as its members.

“The Supreme Court in Vineet Narain’s case unequivocally observed that holders of public office are entrusted with powers which have to be exercised in public trust... Accordingly, this court was pleased to pass directions for effective functioning and independence of the CBI and the CVC.”