‘All files received’ from CBI, CVC to probe claims against both No. 1 & No. 2

Thus, when the Supreme Court looks into evidence collected by CVC in its inquiry against Verma, it will have three judicial statements given by Babu to deal with – his earlier statements recorded before a magistrate on October 4 and 20, besides the one before the CVC.

A statement recorded before the Commission, under the CVC Act, has the same legal sanctity as that of a statement recorded before magistrate. The CVC in this case has powers of a civil court, and thus Sana’s statement will have legal sanctity and can be admitted as evidence.

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Verma had named Asthana in an FIR registered on Sana’s complaint, alleging that he paid Rs 3 crore to the CBI special director through two middlemen — Manoj Prasad and Somesh Prasad — to sabotage the probe against meat exporter Moin Qureshi.

After Asthana wrote to the Cabinet Secretary on August 24, making corruption allegations against Verma, the CVC had sought files from the CBI. But as the probe agency, under Verma, failed to submit the documents, the Commission, on October 23, divested both Verma and Asthana of their charges.

In its order against Verma, the CVC had stated that the CBI director “was not cooperating in making available the records and files sought by it”, and he was served three separate notices to “produce files and documents before September 14”.

Speaking on the crisis in the CBI for the first time, Chief Vigilance Commissioner K V Chowdary on Wednesday said, “The Commission has received all files related to the case.” These documents include that of the probe against Qureshi and the IRCTC scam.

The CVC will have to examine nine instances of alleged misconduct, interference in investigation and corruption before November 12.

On the sidelines of an event organised to mark the vigilance awareness week, Chowdary today said, “Investigations are on and we have received the documents from CBI, which are being examined. The difficulty arose because there were no records. Once you have seen the records and somebody’s clarification is required, it will be asked.”

He said, “If the allegations do not survive, they will not be asked (to depose).”

A CVC official said retired Supreme Court judge A K Patnaik, appointed to monitor the probe, is visiting the Commission regularly. The CVC will also summon Verma and Asthana to record their statements as part of the inquiry, officials at the CVC said.

According to the officials, the CVC had submitted a separate report on complaints against Asthana, on the basis of which the Department of Personnel and Training (DoPT) issued an order divesting him of all charge.

Asked about the legality of the late-night order divesting the CBI’s top two officers of their charges, CVC Chowdary said, “Any person would understand the timing of the order after seeing the sequence of event (in the order). I don’t want to comment anything when the matter is sub judice.”

On the impending questioning of Sana, a CVC member said, “Whatever Sana tells us, we will put before the apex court. We will also try to gather corroborative evidence to the statement he gives us. If he gives a statement which is different from what he has recorded before a magistrate earlier, it would be the prerogative of the Supreme Court to decide which one to rely upon, based on the evidence before it.”