Supreme Court to hear Alok Verma's plea on removal as CBI boss today

The spokesperson said M Nageshwar Rao has been given interim charge till CVC looks into allegations and counter allegations of Verma and Asthana against each other

With the bench of Chief Justice of India Ranjan Gogoi slated to hear in the Supreme Court on Friday afternoon the petition moved by Alok Kumar Verma against him being divested of powers as the Central Bureau of Investigation (CBI) director, the agency clarified on Thursday that Verma will continue to be its chief.

A CBI spokesperson said Verma will remain the director and Rakesh Asthana the special director. The spokesperson said M Nageshwar Rao has been given interim charge till the Central Vigilance Commission (CVC) looks into allegations and counter allegations of Verma and Asthana against each other.

Drama unfolded on Thursday as four Intelligence Bureau officers “found loitering outside” Verma’s official bungalow in Lutyens Delhi were detained by guards at the CBI chief’s house. The Congress accused the Centre resorting to "snooping" on Verma to "cover-up" the Rafale ‘scam’. Later, the Delhi Police denied detaining four men, and the IB said they were at the spot as part of the agency’s standard operating procedure of keeping watch in the high security zone.

On Wednesday, a government statement had accused Verma of “willful obstruction” in the functioning of the CVC, which was looking into complaints of corruption against him. It also said the CVC invoked its powers (under Section 8 of the CVC Act, 2003) of superintendence over the functioning of the DPSE (CBI), in so far as it related to the investigation of offences under the Prevention of Corruption Act, 1988. Opposition parties, including Dravida Munnetra Kazhagam chief M K Stalin, and lawyer Prashant Bhushan alleged there were pending corruption cases against Rao, too.

Apart from the CJI, other judges on the bench are Sanjay Kishan Kaul and K M Joseph. All the judges are new to their respective posts and Joseph is the juniormost in the team after his elevation was resisted by the government for several months. Verma’s writ petition is listed as item No 41, which is likely to be taken up by noon.

Immediately after that, a public interest petition by Common Cause is listed before the same bench. Bhushan will argue the case, which raises issues related to the functioning of CBI. The petition has named Verma, Asthana, the CVC, CBI and the central government as respondents. Both petitions are coming up for the first time. Bhushan’s petition was filed on Wednesday after the midnight drama before the CBI headquarters. Therefore, the lawyer is likely to raise the order which keeps the top two away from work, and the appointment of Rao as the interim chief.

Earlier, Bhushan had moved the court against the appointment of Asthana pointing out various investigations, which cast a shadow on his integrity. However, the court had dismissed that petition. Another petition, raising questions about the Rafael deal, moved by Bhushan, Yashwant Sinha and Arun Shourie is not listed yet.

In related developments, Congress president Rahul Gandhi termed Verma being sent on leave as an “insult” to the CJI and leader of Opposition in the Lok Sabha. He said a CBI chief can be appointed or removed only by the selection committee comprising the PM, the CJI and leader of Opposition. He said action against Verma took place because the PM is “panic stricken” and that an investigation into the Rafale deal would prove he is “corrupt”.

Furthermore, Union minister and BJP leader Prakash Javadekar said Gandhi was suffering from “hallucinations”, and had crossed all limits of civility in his attack on the PM. He said the CBI chief and his deputy have not been removed as falsely claimed by Gandhi, but sent on leave.

Javadekar said Gandhi was “manufacturing lies” on the Rafale deal, and frustrated that his friend and arms dealer Sanjay Bhandari didn’t profit from the deal. “But the people of the country are more mature than Rahul Gandhi,” the minister added.

Congress leader in the Lok Sabha Mallikarjun Kharge, a member of the committee, sent a letter to the PM that termed Verma being divested of powers as a violation of the Supreme Court judgement and CBI Act.

The finance minister had on Wednesday, however, rubbished the allegations.

News reports stating seven files were removed from the agency’s headquarters were termed “false” by the CBI spokesperson. In an unprecedented shake-up in the CBI’s 55-year-history, both Verma and his deputy, Special Director Rakesh Asthana, were divested of their powers and sent on leave in a dramatic overnight action by the government on Tuesday night. Rao, who was appointed the acting chief, had then transferred several officials handling key cases.

Meanwhile, a Delhi court extended the CBI custody of Manoj Prasad, arrested in connection with bribery allegations involving Asthana, by five days. The CBI had registered an FIR against Asthana and his deputy Superintendent of Police Devender Kumar. Currently, Kumar is in custody.

Bharatiya Janata Party Rajya Sabha member Subramanian Swamy said Verma is an “upright officer” who was doing a “good job” to check corruption, but Asthana is a “corrupt officer”. Swamy urged the PM to reconsider actions taken against Verma. Swamy said he has full faith in the PM, but those “around him” are trying to “harm the interests” of Modi and the BJP.