Senior Congress leader Mallikarjun Kharge moved the Supreme Court on Saturday against the Centre's decision to send CBI director Alok Verma on leave, saying it was "completely illegal and arbitrary".
In his petition, Kharge, who is the leader of the Congress in Lok Sabha and a member of the three-member committee which picks the CBI director, said that "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.
"Prime Minister Narendra Modi's suo motu action of sending CBI director Alok Verma on leave is illegal and is in violation of the law," Kharge later told PTI.
Verma and CBI Special Director Rakesh Asthana were stripped of their powers and sent on leave on October 23 as the top two officers of the premier investigation agency levelled charges of corruption against each other. The government's move came hours after the Central Vigilance Commission (CVC) recommended that Verma and Asthana be sent on leave and a Special Investigation Team (SIT) be formed to probe corruption allegations against them.
Kharge said the CVC has no power to act against the CBI director or send him on leave, and that only the three-member panel comprising the prime minister, the Chief Justice of India and the leader of the opposition/the single largest opposition party can take such a decision.
"Without the committee's consent, they have asked the CBI director to go on long leave. This is a violation of the (Delhi Special Police Establishment) Act (under which the CBI was formed). The CVC has no power to ask him to go on leave or inquire against him and has thus violated the rules," he said.
Alleging interference by the Prime Minister and his office in the functioning of the CBI, he said the government should have called a meeting of the three-member of the committee before taking any decision on the matter.
In an interlocutory application filed in the pending petition, Kharge said, "The entire action of the central vigilance commission (CVC) vide its order 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...."
Kharge, who claimed to have written a letter on October 25 to place on record that no meeting of the selection committee was convened to deliberate the issue, said, "It was also pointed out that the de facto transfer/divesting of the authority of the CBI director is illegal and mala fide."
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