Over a year after he challenged his back-to-back transfer from New Delhi to Port Blair in Andaman and Nicobar Islands, the Supreme Court on Tuesday told CBI officer A.K. Bassi, who led a corruption probe against then special director Rakesh Asthana , that it cannot protect him and he is free to approach an “appropriate forum” with his case.
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A Bench led by Chief Justice of India Sharad A. Bobde began the hearing by asking Mr. Bassi's lawyers, senior advocate Rajeev Dhavan and advocate Sunil Fernandes, why their client had not yet joined his posting in Port Blair.
Later, the court declined Mr. Dhavan’s request for interim protection till his client moved the Central Administrative Tribunal against the transfer.
“We do not see any need to give protection to you... What is it that prevented you from joining your posting? We will allow you to withdraw this petition with liberty to raise all contentions before an appropriate forum”, Chief Justice Bobde addressed both the lawyers.
In February last year, the court declined interim protection to Mr. Bassi even as it issued notice on his petition raising allegations of nepotism within the CBI.
Charge against Rao
Mr. Bassi had accused then interim CBI chief M. Nageshwar Rao of ordering his transfer twice, the second time immediately after the latter took over as interim CBI Director on January 10, 2019.
Mr. Bassi had explained that his first transfer to the distant islands was in October 2018, when Alok Verma was divested of his office of CBI Director. Following the reinstatement of Mr. Verma on the basis of a Supreme Court judgment of January 8, Mr. Bassi was transferred back to the National Capital in order to continue with his investigation against Mr. Asthana.
However, Mr. Verma was once again removed as CBI Director, within 48 hours of his reinstatement, on the basis of a recommendation from the high-powered committee. This development saw Mr. Bassi facing a second transfer order to Port Blair on January 11, 2019.
Mr. Dhavan had argued that his client’s transfers directly related to corruption probe he was leading and which had an effect on the governance of the CBI.
He had said the second transfer order was issued without authority and with mala fide intentions. It was meant to “victimise” him and prejudice the investigation against Mr. Asthana. He had voiced apprehension that he would be implicated in false cases and departmental proceedings. Mr. Bassi said his transfer order was non-speaking and failed to disclose reasons for such an “emergent sweeping action”.
The petition said Mr. Bassi was “assigned certain tasks, under lawful authority (ie. investigate the Asthana FIR) and was merely discharging his duties in a free fair and impartial manner”.
