Alok Verma restored as Director

The Supreme Court’s judgment on Tuesday, reinstating the Director of Central Bureau of Investigation (CBI), Alok Verma, is good reading material for the Prime Minister (PM). In fact, the first paragraph of the judgment is a must-read for all political leaders. “That the Rule of law is the bedrock of democracy would hardly require any reiteration. However firmly entrenched the principle may be, it gets tested in a myriad of situations that confronts the courts from time to time. The present is one such occasion,” says the first paragraph of the Judgment authored by Chief Justice Ranjan Gogoi, reinstating CBI Director Alok Verma who was unceremoniously sent on leave (effectively terminated) by the Prime Minister Narendra Modi in a blatantly illegal and questionable manner.

Why did Modi decide to go for a midnight operation on October 23 to remove Alok Verma by sending a force from Delhi Police to his office at night, at 2:30 AM, and then locking the Director’s office and serving notice at his home? The simple reason is that Modi was upset over Alok Verma’s action of registering a bribery case against his blue-eyed boy Rakesh Asthana, the Numero Duo in CBI, who was caught for corruption several times. The Bharatiya Janata Party (BJP) managers floated a fake story in several pliable media that Alok Verma was going to probe into the controversial Rafale deal. Nothing could be further from the truth. No officer will probe into Rafale deal, as the matter had already reached the Supreme Court. Did someone in his coterie plant some fear in Modi’s mind, or was he himself afraid? We don’t know. No way will a sensible officer register a case targeting the Prime Minister of the country.

Straddling two horses

It is a fact that Modi went out of the way to protect and gave patronage to tainted Rakesh Asthana from the end of 2016. Asthana, a Gujarat cadre officer, is also close to BJP President Amit Shah. It must be remembered that Asthana is tight with Congress leader Ahmed Patel too – like many pliant Gujarat cadre IAS and IPS officers who seem to straddle two horses. When Asthana was caught for accepting bribes of around Rs.3.8 crores from Ahmed Patel-linked firm Sandesara Group, Congress kept quiet.

From this point forward, CBI Director Alok Verma and Prime Minister were not on talking terms. With patronage from PM and dubious officers from the Prime Minister’s Office (PMO), Rakesh Asthana was brazenly defying Alok Verma, going to the extent of filing frivolous complaints against Alok Verma and PMO promptly responding to these complaints.

Inexplicably the Prime Minister chose to post a junior ranking Asthana as Acting CBI Director when CBI Director Anil Sinha retired in the first week of December 2016. If one were to stick to the Lokpal Act, a month prior to the appointment, the PM headed high-power committee consisting of the Leader of Opposition and Chief Justice of India has to select a new CBI Director. Modi did not adhere to this and unceremoniously transferred the then-No: 2, R K Dutta, and made a very junior No: 3 Rakesh Asthana the Acting Director. This blatant violation was raised before the Supreme Court by noted lawyer Prashant Bhushan and the High-power committee was constituted and selected Alok Verma in January 2017.

But Asthana was not in a mood to work as a subordinate of Alok Verma due to his proximity with the PM and BJP President and started disobeying the CBI Director Verma, who would have none of it. At that time the CBI had registered a First Information Report (FIR) against three Principal Income Tax Commissioners whose names were found in the diary of Sandesara Sterling Group. So Alok Verma objected to the promotion of Asthana as Special Director as his name was also in the same diary for accepting Rs.3.8 crores. Asthana’s son was a senior staffer in the now fugitives Sandesara – Sterling Group promoters, who were caught with Rs.5500 crore-worth bank frauds. Asthana’s daughter’s marriage was also conducted at these fugitives’ farmhouse and Asthana was earning a good rent from these fraud group by leasing his home[1].

Moreover, Ahmed Patel, his son, and son-in-law are involved in the CBI and ED cases for accepting huge money from the fugitives controlled tainted firm Sandesara Group[2].

What was shocking was that this tainted character Asthana was promoted by the Prime Minister in an unprecedented midnight order in October 2017, over the objections of CBI Director Alok Verma. What was the need, Mr. Prime Minister? Why do this unholy thing when a CBI Director gives a written letter of objection before the Central Vigilance Commission (CVC)?

From this point forward, CBI Director Alok Verma and Prime Minister were not on talking terms. With patronage from PM and dubious officers from the Prime Minister’s Office (PMO), Rakesh Asthana was brazenly defying Alok Verma, going to the extent of filing frivolous complaints against Alok Verma and PMO promptly responding to these complaints.

Once CBI issued a statement against Rakesh Asthana that they are probing six cases against him involving dealing with jailed fixer cum Editor Upendra Rai. At last Rakesh Asthana was charged in the FIR for accepting a bribe from controversial meat exporter Moin Qureshi’s henchman Sana Satish Babu. External intelligence agency RAW’s Dubai Chief Samant Goel is also part of this extortion racket according to the CBI FIR dated October 15, 2018[3]. Asthana was aware that he would be arrested by his own agency CBI and then came the blatant action from PMO by removing both Alok Verma and Asthana and now Supreme Court has reinstated Alok Verma terming Government’s action as illegal.

Now, Mr. Prime Minister, perhaps you erred in handling the CBI affairs and unnecessarily patronizing a corrupt officer Rakesh Asthana. Anyway, the past is past. I urge you again to read the Supreme Court Judgment, which will explain to you where you went wrong. You must take the person who advised you to do this, to task, for this blatant move. They are not your friends. They are like blood sucking vultures, sucking on your goodwill and mandate given by the people of India to you in May 2014. Please remember, “Rulers in a democracy must adhere to the rule of law”!

Here is the link of the Supreme Court Judgment reinstating CBI Director Alok Verma[4].

References:

[1] Son of Asthana worked at Sterling Biotech, daughter’s marriage party at Sterling farmhouse, accuses Prashant Bhushan – Nov 22, 2017, PGurus.com

[2] ED approaches Court to declare Ahmed Patel patronaged Sandesara-Sterling Group promoters as fugitives – Oct 26, 2018, PGurus.com

[3] Very explosive affidavit in Supreme Court on CBI saga – Is Rakesh Asthana, the Duryodhana in the 2019 Mahabharata? Nov 19, 2018, PGurus.com

[4] Jugdment of SC re-instatement of Alok Verma as CBI Director – Jan 7, 2019, LiveLaw.In