Central Vigilance Commission has no power to act against the CBI director, says the Congress leader

Leader of the Congress in the Lok Sabha Mallikarjun Kharge, a member of the Selection Committee for the CBI Director, moved a petition before the Supreme Court on Saturday saying the decision to divest CBI Director Alok Verma “of his statutory powers and functions is completely illegal, arbitrary, punitive and without jurisdiction.”

Mr. Kharge sought that the October 23 orders of the Central Vigilance Commission (CVC) and the Department of Personnel and Training (DoPT) be either quashed or set aside.

The Supreme Court is already hearing a petition by Mr. Verma, challenging the government’s decision to send him on forced leave. The next hearing on the petition is on November 12.

‘In national interest’

Mr. Kharge’s petition mentions that he was “constrained to move the application in overwhelming national and public interest to protect and maintain the institutional sanctity and integrity of India’s premier investigating agency, the CBI or the Central Bureau of Investigation.”

The petition, vetted by former Law Minister and senior Congress leader Kapil Sibal, says: “As a concerned stakeholder, he brings to the attention of the court the brazen and illegal actions of the political executive in interfering with the independent functioning of the CBI Director.”

Members of panel

Mr. Kharge, as the leader of the single largest Opposition party in the Lok Sabha, is a member of the Selection Committee that is headed by the Prime Minister and includes the Chief Justice of India.

“The entire action of the CVC, vide its order of October 23, and the DoPT, vide order October 23, seeking to divest CBI director Alok Verma of his statutory powers and functions is completely illegal, arbitrary, punitive and without jurisdiction...,” the petition said.

Mr Kharge’s petition said the provisions of Delhi Special Police Establishment Act (DSPE Act) clearly mention that the tenure and terms of CBI director is protected and “even the transfer cannot be effected without the consent of the [selection] committee.”

“Without meeting, without the committee’s consent, they overnight asked him [CBI Director] to go on leave indefinitely. It’s a violation of CBI Act and the CVC also violated rules by asking him to go on leave,” said Mr. Kharge.

On October 26, hearing a plea from Mr. Verma where he had challenged the CVC’s and the Union Government’s order, the Supreme Court had fixed a a two-week deadline for the CVC to complete its ongoing inquiry against the CBI chief.

While the top court mentioned that a retired Supreme Court court judge will oversee the probe, it also made it clear that the interim head of the CBI, M. Nageswara Rao, a joint director in the agency, can only make routine decisions to keep the CBI functional.

The country’s premier agency witnessed an unprecedented shake-up as both Mr Verma and his number, Rakesh Asthana, were sent on leave after they made very public charges and counter charges of corruption against each other.