The Supreme Court on Friday said the findings of the Central Vigilance Commission (CVC) inquiry against exiled CBI Director Alok Verma on some charges are “very uncomplimentary.” “The CVC findings can be divided into four categories. It is very complimentary on some charges [against Mr. Verma], not so complimentary on some charges, very uncomplimentary on some charges and requires further inquiry into some charges,” Chief Justice of India (CJI) Ranjan Gogoi summed up the CVC report to senior advocate Fali Nariman, appearing for Mr. Verma. The Bench, comprising Justices S.K. Kaul and K.M. Joseph, directed the registry to provide Mr. Verma, through his lawyers, with a sealed copy of the CVC report. Mr. Verma has to file his reponse in a sealed cover by 1 p.m. on Monday. “First we want to be sure of the facts, then we will do what is necessary. Once you [Mr. Verma] file your response, we will decide,” the CJI said.
Mr. Nariman said the reply would be filed promptly.
Copies of report for AG, SG
Copies of the CVC report would be provided in sealed covers to the offices of Attorney General (AG) K.K. Venugopal, appearing for the Centre, and Solicitor General (SG) Tushar Mehta, representing the CVC. “But Mr. Mehta, you are CVC. The author of the report... you have not seen the report?” Chief Justice Gogoi asked Mr. Mehta. “I have not seen it. It was in a sealed cover,” Mr. Mehta said. The court cautioned the offices of the AG and the SG to treat the confidential CVC report with utmost restraint. The Bench made it clear that it has insisted on keeping the report confidential and in sealed covers to preserve the sanctity and public confidence in the CBI.
Centre need not file response to report
The court specified that neither the Centre nor any “other party” need to file their reponses to the report on Mr. Verma. “At this stage, we are not inclined to call upon the Union of India or other party to give responses... only petitioner [Mr. Verma] needs to file his response,” Chief Justice Gogoi said. The CJI Gogoi referred to how NGO Common Cause had, in the previous hearing, accused acting CBI Director M. Nageshwar Rao of taking major decisions in violation of a restraint by the Supreme Court on October 26. The Chief Justice said the NGO did not back its accusation with a list of such decisions taken by Mr. Rao. The court had asked the NGO to file such a list to buttress its claim.
“We could not file the list,” senior advocate Dushyant Dave, for the NGO, submitted.
“Unless you can tell us what these decisions are, why should we entertain you?” Chief Justice Gogoi asked Mr. Dave. However, the court deferred consideration on the plea till Tuesday. It, meanwhile, kept it open for any party to supplement the claim against Mr. Rao. The court noted that Justice A.K. Patnaik has filed a separate note. The court expressed its gratitude to Justice Patnaik.
The retired Supreme Court judge was, on October 26, requested by the court to supervise the 14-day CVC inquiry into allegations of graft and misdemeanour allegations against Mr. Verma.
No copy of report for Asthana
The court refused to give a copy of the CVC report to CBI Special Director R.K. Asthana despite loud protests from his lawyer, senior advocate Mukul Rohatgi. Mr. Rohatgi said his client was entitled to a copy as it was his complaint to the Cabinet Secretary against Mr. Verma that became the genesis of the CVC inquiry.
The Cabinet Secretary had written to the CVC on August 24, 2018. In its October 23 order displacing Mr. Verma, the CVC said the allegations against Mr. Verma were “serious in nature having prima facie vigilance angle.” “On whose authority did you complain to the Cabinet Secretary? We will not give the copy to you,” Chief Justice Gogoi asked Mr. Rohatgi.
Mr. Asthana, who had a running feud with Mr. Verma, is currently under investigation for corruption. The court however agreed to hear on Tuesday Ajay Kumar Bassi, the CBI officer who had probed Mr. Asthana before he was transferred out to the Andamans shortly after Mr. Verma was removed as CBI Director on October 23. “My transfer was also a midnight decision... There is a nexus now between the current probe officer and Asthana,” senior advocate Rajeev Dhawan said, for Mr. Bassi. “You are the officer who has been transferred to the Andamans... nice place to go to,” Chief Justice Gogoi remarked.
Kapil Sibal's plea
Senior advocate Kapil Sibal, for Congress leader Mallikarjun Kharge, said the court should hear him on the aspect of removal of the CBI Director without prior consultation with the high-powered committee composed of the Prime Minister, the Leader of Opposition and the CJI as per the amended Delhi Special Police Establishment Act. “Who are you” Chief Justice Gogoi asked Mr. Sibal. “Mr. Kharge,” Mr. Sibal said. “Oh, you are the Leader of Opposition or rather the single largest party in Opposition... we forgot about you,” Chief Justice Gogoi told Mr. Sibal before concluding the hearing.
