CBI vs CBI Highlights: Alok Verma and Rakesh Asthana have been stripped of their powers
Under fire from the Opposition for divesting CBI chief Alok Verma of his powers, the government in its defence said that the midnight order was necessary to maintain the “institutional integrity and credibility of India’s investigation agency.” Calling the infighting in CBI as “extraordinary,” Arun Jaitley in a press conference said the government’s order was based on the recommendations of the CVC. “The two officers cannot probe the matter against each other. In interest of fair probe and as an interim measure, both will sit out and a SIT not functioning under them will investigate the matter,” he said.
He also rejected Opposition’s criticism as “rubbish.” “The government is committed to ensure that “India’s investigation agency doesn’t become a mockery as few of the officers have made it in the last few days. If the officers are innocent, they will come back,” he said. Ravi Shankar Prasad was also present at the press brief.
Alok Verma who was “sent on leave” by the government, approached the Supreme Court, challenging the order. The matter will now be heard Friday.
M Nageshwar Rao, joint director, took charge of the agency and ordered a slew of transfers, including of those officers who were probing the alleged bribery charges against Rakesh Asthana. According to media reports, raids were also conducted at the CBI Headquarters in New Delhi this morning.
Read | All your questions answered
The Centre on Wednesday explained before the Supreme Court its decisions to issue a notification stating that Delhi police will investigate the city government staff.
A bench of Justices A K Sikri and Ashok Bhushan examining various notifications of the AAP-led Delhi government and the Centre on administrative issues was apprised that the Union government was within its rights under the Constitution to distinguish between the investigating powers of Delhi Police and the CBI.
Senior advocate Rakesh Dwivedi, appearing for the Centre, stated that the Union Territory government cannot order registration of FIR against functionaries of the Central government.
Former Union ministers Yashwant Sinha, Arun Shourie and lawyer Prashant Bhushan moved the Supreme Court on Wednesday seeking registration of an FIR into the Rafale deal. They have sought a direction for CBI to investigate the offences disclosed in their PIL in a 'time-bound' manner and submit periodic status reports to the top court. Read more here
The PIL was filed earlier this month, October 4 with the CBI after their meeting with CBI Director Alok Verma, as reported by PTI.
In a series of tweets, CPI(M) general secretary Sitaram Yechury today claimed that the government panicked by the feud in CBI and removed the agency's chief to protect its "handpicked" officer. "The illegal removal of CBI chief by Modi government to protect their own handpicked officer, against whom serious charges of corruption are being investigated, points to attempts at a serious cover-up to protect his direct links to the BJP's top political leadership", Yechury wrote on Twitter.
The Department of Personnel and Training states, that the matter which has given rise to 'extraordinary' and 'unprecedented' situation should be independently inquired before further ersosions are made to the credibility of the institution.
CBI spokesperson refuses to comment on statements by government and Central Vigilance Commission on Director Alok Verma's 'non-cooperation' today and said that the team probing the bribery case against Asthana are oficers with proven credentials and efforts are being made to have expeditious, impartial and fair inquiry. "The image of Central Bureau of Investigation (CBI) will not be tarnished as CBI is for country not for individuals, whatever investigation required is being done," says the spokesperson.
CBI Director Alok Verma in his plea before the Supreme Court challenging his removal, has alleged that after the appointment of Rakesh Asthana as Special Director of CBI, decisions that were crucial to the progress of certain investigations were stymied by Asthana alone. Terming his removal as "patently illegal" Verma has further stated that a CBI Director has a fixed three year tenure and the decision to divest him also bypasses mandate of committee comprising the Prime Minister, Leader of Opposisiotn and the Chief Justice of India, whose consent was needed for his transfer.
The Central Vigilance Commission (CVC) yesterday found itself at the centre of the row in the CBI between Director Alok Verma and Special Director Rakesh Asthana, after it declined to share details of Asthana’s complaint with the investigation agency, as per Indian Express.
Reporting first on the issue, Indian Express learnt that questions were raised by CBI in an official letter to the CVC earlier this month as the CVC “declined to share the complaint or details” of the complaint made by Asthana “against CBI officers investigating his cases”. This letter came in response to letters by CVC seeking files from CBI on a complaint filed by Asthana against Verma and some other officers of the agency.
Read More| CBI writes to CVC
"More than the officials, it is the central government which is responsible for the problems in the CBI," Mayawati said in a statement, PTI reported. Mayawati termed cases including Vijay Mallya, Nirav Modi, Mehul Choksi and Rafale deal as blots on the BJP-led government's rule which have not been probed properly. Further, she said that misuse of official machinery to target anti-BJP parties and institutions ahs been happening for the past four-and-a-half years and due to this reason people are losing faith in government institutions. Much wrong has been done to the premier investigating agency by interferences of different kinds in the past too, Mayawati said. "Besides the internal working, the Supreme Court will also get an opportunity to seriously look into the role of the Central Vigilance Commission (CVC) which has become essential in the present context," she said. "It is important for restoring the faith of the people in the CBI that the Supreme Court takes effective cognizance of the present situation," she said.
Deputy SP CBI AK Bassi, probing the case against CBI’s Rakesh Asthana, has been transferred and posted as Deputy SP CBI, ACB Port Blair.
Speaking over the appointment of Nageswar Rao as an interim chief of the agency, DMK president MK Stalin says, several complaints were sent to CBI director against Rao and there are reports that the CBI director Alok Verma wanted to initiate investigations into allegations against him.
'Alok Kumar Verma and Rakesh Ashtana divested of their roles as Director and Special Director of CBI respectively. M. Nageshwar Rao to look after the duties and functions of Director CBI,' Ministry of Home Affairs issues a statement. Speaking on the 'official eco-system' of the organisation, the statement further reads, 'The grave allegations of corruption by senior functionaries of CBI one against another, which has been widely reported in media, has vitiated the official eco-system of the organization. The environment of faction feud has reached its peak in the CBI leading to a potential loss of credibility and reputation of the Agency. It also vitiated the working environment of the organization which has deep and visible impact on the overall governance.' 'The CVC has also observed that the Director, CBI has been non-cooperative with the Commission, non-compliant with the requirements/directions of the Commission and has created willful obstructions in the functioning of the Commission which is a Constitutional body. In view of the above background, the ACC has approved that during the period of such interim measure, Shri M. Nageshwar Rao, IPS, presently working as Joint Director, CBI shall look after the duties and functions of Director, CBI with immediate effect.' Read more here
In another development the interim chief Nageshwar Rao overhauled the team probing allegations of corruption against its former Special Director Rakesh Asthana, bringing in completely new faces.
The previous investigating officer, Deputy SP A K Bassi, has been shunted to Port Blair in "public interest" with "immediate effect." Satish Dagar has been appointed as the superintendent of police to probe the case. Dagar has earlier probed cases against Dera Sachcha Sauda chief Gurmeet Ram Rahim.
Deputy Inspector General (DIG) Tarun Gauba, who investigated the Vyapam cases has also been added to the team. At the joint director-level, V Murugesan has been brought in. He will hold additional charge as joint director, Anti Corruption-I, in the CBI headquarters.
In another order, the CBI transferred Joint Director-Policy Arun Kumar Sharma and posted him as joint director of the Multi-Disciplinary Monitoring Agency (MDMA), probing former prime minister Rajiv Gandhi's assassination case. Senior officer, A Sai Manohar, has been transferred and posted as joint director Chandigarh zone while Amit Kumar, DIG Economic Offence-III, will hold additional charge of joint director-policy.
Congress chief spokesperson Randeep Surjewala accused the BJP government of burring the “last nail” into the independence of CBI. He wondered if Verma was “sacked” for his keenness to probe the “layers of corruption” in the Rafale scam and sought an answer from Prime Minister Narendra Modi. Taking to Twitter, Surjewala said, “systematic dismantling and denigrating of CBI is now complete. Once a premier investigating agency, PM ensures that CBI’s integrity, credibility & reliability is buried & dead.”
Attacking the prime minister, Surjewal said Modi has sought to achieve surreptitiously and clandestinely what he cannot do directly by sacking the CBI director”.
“PM Modi has demonstrated the true colour of his infamous ‘Modi Made Gujarat Model’ by this cloak-and-dagger mugging of CBI. Has the CBI Director been sacked for his keenness to probe the layers of corruption in Rafale Scam? Isn’t the rest a shoddy cover-up? Let PM answer!” the Congress leader said. Read more
A 1986 batch officer of the Odisha cadre, M Nageshwar Rao has served in various capacities in his cadre state before he became a joint director at CBI and was recently promoted as additional director. His last responsibility in Odisha was as additional director of railway police.
At CBI, he was No. 3 in the pecking order and handling the Chandigarh branch along with certain branches in South India. Rao hails from the Borenarsapur village in Warangal District of Andhra Pradesh. He did his post graduation from the Osmania University, following which he did his research at the IIT Madras.
* The government in a midnight order directed M Nageshwar Rao to immediately take over the responsiblities of CBI chief.
* Early morning raids at the CBI headquarters led by Rao were also reported. The office is now open, says PTI.
* Alok Verma moved the Supreme Court challenging the government's order. The matter will be heard on Friday.
* The Opposition also slammed the Modi government calling its order "illegal and unconstitutional."
* In a press briefing, Arun Jaitley defended the government's action, saying the order was passed to maintain "institutional integrity and credibility of the agency."
* The Congress, in a press conference led by Abhishek Manu Singhvi, accused the government of suffering from ‘Rafaleophobia’
"The CVC has no power in appointment and reappointment. The government is misusing the CVC. The transfer of an incompetent CBI director in an extraordinary situation should have the approval of the selection commitee, the law says," Manu Singhvi said.
Congress spokesperson Abhishek Manu Singhvi accused Modi government of violating the CBI Act. "Prime Minister Narendra Modi is suffering from Rafaleophobia and Verma was forced to go on leave to control the agency," he said. He also called the move "illegal and unconstitutional."
On midnight order of the government, Jaitley said, 'The CVC met last evening. If the government acts fast, it is said why the hurry and if it is slow, it is termed as policy paralysis. The CVCs recommendation and the government's action is intended to restore the institutional integrity and credibility of CBI'
Calling the battle in CBI as an "extraordinary," Jaitley said, "It is important that the fairness of our investigation agency is maintained." He also rejected the Opposition's charge as "rubbish" and said the government is committed to ensure that "India's investigation agency doesn't become a mockery as few of the officers have made it in the last few days. If the officers are innocent, they will come back."
Requiremennt of fairness and fairplay have to be there. The government cannot investigate the cases against CBI. The CVC has all the information regarding the cases, the files exchanged. The two officers cannot probe the matter. In interest of fair probe and in an interim measure, both will sit out and a SIT not functioning under both the officers will investigate the matter: Jaitley
"CBI is India's premiere investigation agnecy and hence the maintenance of its institutional integrity is essential. This is important not only for the scandals being probed in India, but also to maintain the credible image of the agency globally. Unfortunately, the top two officers of CBI have alleged bribery cases against each other," Jaitley said when questioned about the overnight order
Congress chief spokesperson Randeep Surjewala wondered if Verma was "sacked" for his keenness to probe the "layers of corruption" in the Rafale scam and sought an answer from Prime Minister Narendra Modi. "Modi govt buries the 'last nail' into the independence of CBI. Systematic dismantling & denigrating of CBI is now complete. Once a premier investigating agency, PM ensures that CBI's integrity, credibility & reliability is buried & dead," Surjewala said on Twitter.
Good afternoon. Union Minister Ravi Shankar Prasad and Arun Jaitley are addressing the media. They are likely to speak on the transfers in CBI