HC refuses to entertain PIL against Centre's orders sending CBI chief and second-in-command on leave

The Delhi High Court Wednesday declined to interfere with a plea relating to the Centre's orders sending CBI Director Alok Kumar Verma and Special Director Rakesh Asthana on leave and appointing IPS officer M Nageshwar Rao as the interim head of the agency.

A bench of Chief Justice Rajendra Menon and Justice V K Rao said the aggrieved persons (Verma and Asthana) had already approached the Supreme Court in this regard and the apex court was seized of the matter.

"The aggrieved persons are agitating the matter before the Supreme Court and challenging the October 23 orders of the government. The Supreme Court is already seized of the matter. We are not inclined to interfere with it. The petition is disposed of," the bench said.

Petitioner Sunklan Porwal had contended that the Centre's October 23 orders were in violation of an apex court verdict that laid down the tenure of the Central Bureau of Investigation (CBI) chief and various provisions of the Delhi Special Police Establishment (DSPE) Act, under which the agency was set up, and therefore, liable to be set aside.

The petitioner, a lawyer by profession, had also challenged the other interim measures taken on October 23 by the Department of Personnel and Training (DoPT) and the Central Vigilance Commission (CVC).

The petition was opposed by Additional Solicitor General Vikramjit Banerjee and Special Public Prosecutor Rajdipa Behura, who appeared for the CBI, on the ground that pleas seeking the same relief were already filed in the Supreme Court and were now listed for hearing on November 16.

Pursuant to the apex court's direction, the CVC has given its report in a sealed cover to the top court after completing its inquiry against Verma, who was divested of his duties and sent on leave in view of the feud between him and Asthana.

The top court had also directed that the inquiry be conducted under the supervision of a retired Supreme Court judge and had also barred Rao, who was given the interim charge of looking after the duties of the CBI director, from taking any major policy decision.

The petition in the high court had contended that a bare reading of the provisions and the apex court order made it clear that "the term of the Director, CBI was for a fixed period of two years and no authority other than the Appointments Committee of the Cabinet could have curtailed the said term".

The October 23 orders were issued by the Centre after the CBI arrested DSP Devender Kumar on October 22 in connection with bribery allegations involving the agency's second-in-command, Asthana. Kumar was granted bail on October 31.

Kumar, who was earlier the investigating officer in a case involving meat exporter Moin Qureshi, was arrested by the CBI on the allegations of forgery in recording the statement of businessman Sathish Sana, who had alleged to have paid a bribe to get relief in the case.

In his statement, Sana had purportedly said he had, in June, discussed his case with Telugu Desam Party's (TDP) Rajya Sabha member C M Ramesh, who, after speaking to the CBI director, had assured him that he would not be summoned again.

Asthana, who was booked by the agency on bribery charges in an unprecedented action, had complained against Verma on August 24.

Asthana and Kumar had moved the high court, challenging the lodging of an FIR against them in a bribery case.

On Wednesday, the high court extended its order till November 28, asking the CBI to maintain the status quo in the proceedings against Asthana.