CBI Turf-War: What Alok Verma & Centre Have Said About Each Other

Here’s how the contest between Alok Verma and the Centre looks like at the moment.

CBI Director Alok Verma has approached the Supreme Court seeking to quash his divestment. 

(Photo: Erum Gour/The Quint)

Responding to “extraordinary and unprecedented” counter-allegations of corruption within the Central Bureau of Investigation, the Centre on Wednesday, 24 October, said it had sent the premier agency’s Director Alok Verma and Special Director Rakesh Asthana on leave.

But while the Centre divested both the officers of their functions, its press release on the matter accused Director Verma of “non-cooperation” in investigations against several CBI functionaries.

Prior to the government’s statement, Director Alok Verma had approached the Supreme Court, seeking to quash the Centre’s order. In his petition, Director Verma alleged that the government had bypassed established procedures and had therefore “violated the independence of the CBI.”

What was initially a textbook case of tu-tu, mein-mein between Director Verma and Special Director Asthana has now spilled into the doors of the apex court, and now has a third participant, the Centre. And here’s how the contest between Verma and Centre looks like at the moment.

Centre’s Argument: Director Verma Did Not Cooperate

The Centre, in its press note, asserted that despite repeated requests, Verma had not been “cooperating in making available records/files sought by the Commission relating to serious allegation.” According to the Centre, the CBI, on 24 September 2018 had assured the CVC that all requested documents would be furnished within three weeks.

By not cooperating with the CVC or providing it with requested documents, the Centre says it feels that Verma, had wilfully obstructed the functioning of the commission. The Centre, in this manner, accused him of blocking the CVC from fulfilling its functions, while remaining silent on allegations made by him against Special Director Asthana.

Verma’s Argument: Asthana Stymied Probe

But Verma, in his prayer before the Supreme Court alleged that it was Special Director Asthana, who, after his appointment, had “stymied” decisions that “were crucial to the progress of certain investigations.” In effect, Verma argued that Asthana had misused his position to block investigations in several “sensitive cases.”

Verma also accused Asthana of maligning his reputation, by making false allegations. In his plea before the apex court, Verma wrote that Asthana had “concocted evidence to impugn” his reputation, following which the CBI registered a case against him.

Centre Cites Fair Play & Natural Justice

Citing the development of an extraordinary situation, the press note maintained that CBI Director Alok Verma and Special Director Rakesh Asthana were divested of their duties under Section 8 of the Central Vigilance Commission, Act, 2003.

Further, the government argued that it was only after careful examination, and in the “interest of equality, fair play and principles of natural justice,” that the government exercised its power under under Section 4(2) of the DPSE Act and sent both Verma and Asthana on leave.

Verma Accuses Centre of Bypassing Procedure

The Centre and the Central Vigilance Commission may have come up with their own explanations, but CBI Director Alok Verma isn’t convinced. He argued that the government violated established procedures in divesting him of all functions.

Further, Verma contended that since the government did not follow due procedures and issued arbitrary orders, its actions lacked the principles of natural justice and thereby violated Article 14 (Right to equality), 19 (Fundamental freedom) and 21 (Right to life and personal liberty) of the Constitution.

Verma, in his petition, pointed out that Section 4-B of the DSPE Act, 1946, ensures the independence of the CBI, by protecting the two-year tenure of its director. Further, Verma argued that under Section 4-B(2) of the same act, the transfer of a director can only take place with prior approval from a high-powered committee comprising the Prime Minister, the Leader of Opposition and the Chief Justice of India.

Verma has argued that the Centre and the CVC had violated the independence of the CBI, by-passing the authority of the high-powered committee, which alone can issue orders to divest the director.