Following days of drama, Central Bureau of Investigation (CBI) Director Alok Verma has been replaced by Joint Director Nageshwar Rao . Mr. Rao has been given interim charge of the office, while Mr. Verma and Special Director Rakesh Asthana, who had been in the eye of the storm following bribery charges, have been asked to go on leave.
The government order, dated October 23, issued on instructions of the Appointments Committee of the Cabinet says Mr. Rao will look after duties and functions of CBI Director as an "interim measure" with immediate effect.
Here are the updates:
Officers with proven credentials included in SIT: CBI
The CBI says a special investigation team (SIT) set up to probe allegations against Mr. Asthana will carry out an impartial and fair inquiry expeditiously.
Officers with proven credentials are included in the SIT. “We are making efforts to have expeditious, impartial and fair inquiry in the bribery case against Asthana,” a CBI spokesperson says.
The spokesperson, however, refuses to comment on statements by the government and the Central Vigilance Commission (CVC) that Mr. Verma was not cooperating with the CVC.
Verma was removed because agency questioned Rafale deal, says Rahul Gandhi
Congress president Rahul Gandhi alleges that Mr. Verma was removed from his post because the CBI was raising questions over the Rafale fighter jet deal.
'Overnight decision to divest me of CBI Director's role'
Mr. Verma, in his petition to the Supreme Court, says: "CVC, Centre took 'overnight decision' to divest me completely of CBI Director's role. Contrary to S. 4B of the Delhi Special Police Establishment (DSPE) Act which grants secure term of 2 years to CBI chief in order to ensure independence.
"Can furnish details of many cases which have led to present circumstances. They are extremely sensitive. Need for an independent CBI. Present circumstances occured when certain investigation into high functionaries do not take the direction that may be desirable to the government.
"S. 4A of DSPE Act mandates appointment of CBI Dr by high-powered panel of PM, LoP, CJI. S.4B(2) requires the committee's consent to transfer CBI Director. This bypasses the mandate of the committee.
"When all in CBI from IO to Joint Director, agreed on course of action in cases, Spl Director had a 'different view'."
Centre defends Verma ouster, says feud vitiated work environment
A government statement says:
''The Government of India having carefully examined and evaluated the material made available to it, and being satisfied that an extraordinary and unprecedented situation has arisen which demands that Government of India shall exercise its powers under Section 4(2) of the DPSE Act.
''The Government of India has evaluated the material before it and in the interest of equality, fair play and principles of natural justice,decided to divest Shri Alok Kumar Verma, Director, CBI and Shri Rakesh Asthana, Spl Director, CBI of their functions, power, duty and supervisory role in any manner as Director, CBI and Spl. Director, CBI respectively.
''Director CBI did not cooperate in making files/records sought by the Central Vigilance Commission (CVC) relating to serious allegations. Three notices served to CBI Director by the CVC to furnish records on Sept 11, after various adjournments CBI Director assured to furnish reply by Sept 24. Despite repeated reminders,he failed to furnish the records before Commission.
''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.''
Mayawati blames Modi government
Bahujan Samaj Party (BSP) chief Mayawati says the Union government was "more responsible" for the crisis in the CBI than its officers. The four-time former Uttar Pradesh Chief Minister, in a statement issued in Lucknow, said "due to the mailcious, casteist and communal policies and functioning" of the BJP government, "every high-level government, constitutional and autonomous institution has been put in crisis and under stress."
The crisis within the CBI has become a "matter of concern for the nation," and with the continuous debates over its internal wrangling, people's trust in the agency has shaken, she says.
Extraordinary situation: Arun Jaitley
Union Finance Minister Arun Jaitley terms this an extraordinary situation. He says he will not go into the merits of the accusation that Mr. Verma and Mr. Asthana had levelled against each other. As this does not come under the domain of the government, we will not probe these charges.
Finance Minister Arun Jaitley speaking at a press conference with regard to the developments in the CBI infighting
Mr. Jaitley says the Central Vigilance Commission (CVC) has all the material of the allegations the officers had levelled against each other. So, to maintain the institutional integrity of the CBI, the CVC has recommended that they sit out by going on leave till the probe is completed.
''We are not going to prejudge who is guilty,'' he says. If the officers are innocent, they will come back and a special investigation team will probe the charges against them.
Sensitive investigation at stake, says Verma to SC
In the oral mentioning before a Supreme Court Bench led by Chief Justice of India (CJI) Ranjan Gogoi, Mr. Verma says he came to know of his his removal as CBI Director only at 6 a.m..
He said the sudden and unexpected turn of events will upset the investigation underway in several sensitive cases.
13 officials transferred, given additional charge
As many as 13 CBI officials were transferred and given additional charge by Mr. Rao on taking charge. This includes DIG Manoj Kumar Sinha, who was supervising the probe against Mr. Asthana and others, and the case Investigating Officer Ajay Bassi, Additional SP S.S Gurm.
Following are the officials transferred, given additional charge:
1. A.K. Bassi, DySP, has been transferred from Delhi to Port Blair
2. Manoj Kumar Sinha, HoB/DIG has been transferred from Delhi to Nagpur
3. Tarun Gauba, Range DIG & HoB has been transferred from Chandigarh to Delhi
4. Jasbir Singh, DIG/HoB, SC-I will hold additional charge of HoB, BS&FC
5. S.S. Gurm, Addl SP has been transferred to Jabalpur
6. K.R. Chaurasia, DIG/HoB
7. Ram Gopal, HoB
8. Satish Dagar, SP
9. Anish Prasad, DIG/SU-I
10. Arun Kumar Sharma, JD(P)
11. A. Sai Manohar, HoZ/JD
12. V. Murugesan, HoZ/AC-II(HQ)
13. Amit Kumar, DIG/HoB
SC to hear Verma's plea on Friday
Mr. Verma moves a petition before the Supreme Court and the court agrees to hear it on Friday. He moves the petition through advocates Pooja Dhar and Gopal Sankaranarayanan.
The prayers sought are:
(i) Quashing his "forceful" transfer as he has many sensitive cases under him.
(ii) Quashing the DoPT notification removing him as CBI Director.
(iii) Quashing the appointment of M. Nageshwar Rao as CBI Chief.
Senior lawyer Prashant Bhushan terms the government order "illegal". He tells The Hindu that he will challenge it in the Supreme Court.
"As feared & suspected, the govt has removed the Director CBI from his charge, because he was pursuing corrupt Spl Director Rakesh Asthana who was foisted on CBI by PMO despite his being investigated by the CBI itself in corruption cases. Totally illegal. Will be Challenged," he wrote on Twitter.
The Hindu Editorial on the CBI power play
At one level, what is going on in the Central Bureau of Investigation (CBI) is a ‘turf war’, a battle of egos between two individuals at the helm. But the unsavoury developments involving the CBI Director and its Special Director are reflective of a much deeper malaise — a big rot at the very heart of the premier investigating agency. That the CBI registered a First Information Report against its own Special Director is extraordinary. The most troubling aspect of the ongoing crisis involving Director Alok Verma and Special Director Rakesh Asthana is that only one of them will be proved right; either way, it is the agency that will be shown in a poor light.
Offices of Verma, Asthana searched
The offices of Mr. Verma and Mr. Asthana were searched on the orders of the interim CBI Director Mr. Nageshwar Rao, a CBI official said on the condition of anonymity.
Verma, Asthana told to go on leave
The Department of Personnel and Training's order asks Mr. Rao to take over charge as interim CBI Director.
A senior government official says both Mr. Verma and Mr. Asthana have been told to go on leave.
CBI names Asthana in bribery case
The CBI names Mr. Asthana as an accused in a bribery case along with another agency official and two private persons.
Those named as accused in the FIR (13A/2018) are Mr. Asthana, CBI Deputy Superintendent of Police Devender Kumar, Dubai-based investment banker Manoj Prasad and his brother Somesh Prashad. More than ₹3 crore in bribes were paid by the complainant for getting relief in a case against meat exporter Moin Qureshi and others, the agency said.
Before the present complaint was filed, Mr. Asthana filed a complaint against the CBI Director before the Central Vigilance Commission (CVC), accusing him of interfering in a corruption case involving family members of RJD leader Lalu Prasad. Subsequently, in a statement, the agency denied Mr. Asthana’s charges against the Director and said the Special Director himself was under probe in half-a-dozen cases and was trying to intimidate officials probing his role. The CBI Director is learnt to have written to the CVC on October 18 and 19 about the FIR registered against Mr. Asthana.
