Video Editor: Vishal Kumar
The BJP and the Congress trained guns at each other after the Government of India issued a notification to send CBI Director Alok Verma and Special Director Rakesh Asthana on temporary leave.
Finance Minister Arun Jaitley, when asked about his stand on the issue, said maintaining the institutional integrity of the CBI should be the prime concern.
Congress MP Abhishek Manu Singhvi, while addressing the media, questioned the CVC’s power to send the CBI’s highest officers on ‘leave’ and attacked PM Modi and the ruling BJP for interfering in the investigation into bribery charges against CBI Special Director Rakesh Asthana.
On The Powers of the Central Vigilance Commission
Singhvi said that the Central Vigilance Commission (CVC) has no powers to interfere in appointment, removal or reappointment of the CBI Director. “The CVC, the Congress straightaway charges, is misleading the nation and it is being misused by the govt of India. Like all other institutions, the CVC’s institution has also been misused,” added Singhvi.
The CVC is a supervisory body which supervises the CBI. Do you think the CVC can violate Section 4A and 4B? So I can say you can only appoint with the chief justice of India, the prime minister’s and the leader of Opposition’s consent but next day the CVC will remove you or transfer you or send you on compulsory leave. Is this the interpretation of the law?Abhishek Manu Singhvi, Congress MP
Jaitley refuted Singhvi’s claims saying that under Section 4A of the CBI Act, the CVC has powers of superintendence in terms of investigative functions and so in relation to Prevention of Corruption Act cases, the power of superintendence over investigation is with the CVC.
CVC has the power to ensure that the investigation is fair. So the complaints against top officials also went to the CVC. To maintain the institutional integrity of the CBI and in the interest of fairness, purely as an interim measure, they will sit out by going on leave for a certain period of time. It is an interim measure. An SIT, not functioning under either of these officers, will investigate the case. This is in accordance with the highest standards of fairness.Arun Jaitley, Finance Minister
On the Govt’s Interference
Singhvi called the govt’s direct interference in an ongoing investigation “a direct violation of the law of the land”. He claimed that the prosecution agency, the prosecutor and the prosecuting officers have been made lame ducks and paralysed by the govt.
What you have seen today is the de-facto removal and de-facto suspension, unconstitutional and illegal, of the CBI director. We charge the prime minister, the ruling BJP and its president for doing so to control the premier investigative agency, to get its dirty jobs done there and in particular, to avoid the day of reckoning arising from ‘Rafaleophobia’.Abhishek Manu Singhvi, Congress MP
Jaitley defended the government’s action of sending the two officers on leave by saying that it merely acted on the recommendations of the Central Vigilance Commission (CVC).
The CVC’s recommendation and the govt’s action is intended to restore the institutional credibility and integrity of the CBI. Every Indian has an interest in it. If that institutional integrity is destroyed, the worst kind of scamsters will stand to gain. It is important for every person, not only the govt or the citizens of India but also the Opposition, that fairness of our principal investigative agencies are maintained.Arun Jaitley, Finance Minister
CBI Director Alok Verma has moved the Supreme Court against the Centre’s decision to send him on ‘temporary leave’. The matter will be heard on Friday, 26 October.
A Delhi court had on Tuesday had allowed the CBI to quiz in custody for seven days its Deputy Superintendent of Police Devender Kumar who has been arrested in connection with bribery allegations involving the agency's Special Director Rakesh Asthana.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)