CBI infighting: Alok Verma moves Supreme Court against govt order NEW DELHI: CBI director Alok Verma on Wednesday moved the Supreme Court challenging the central government's order to send him on leave and appoint an interim chief.A bench headed by Chief Justice Ranjan Gogoi on Wednesday said Verma's plea would be taken up on October 26 after his counsel pressed for an urgent hearing on the midnight order issued against the central probe agency's chief following an escalation in rift between the top officials at the bureau over bribery charges.Gopal Sankaranarayanan, lawyer appearing for Verma, told the SC that the central government asked Verma and special director Rakesh Asthana to go on leave, compromising the investigation into many sensitive cases.Verma has two more months to go before his tenure ends and the government cannot formally remove him, his counsel contended.Earlier, the government appointed M Nageshwar Rao as interim chief of the CBI "with immediate effect" after the internal fight between Verma and Asthana.Both Verma and Asthana were sent on leave. The Prime Minister-led appointments committee in an order on Tuesday night gave the charge of director to Joint Director M Nageshwara Rao with immediate effect, a government order said.Both CBI director Alok Verma and special director Rakesh Asthana have been "divested of all powers", sources said, calling it the first such case in the history of the agency.Amid the CBI infighting, the opposition attacked the Narendra Modi-led BJP government over the "removal" of CBI director Alok Verma. "PM Modi seeks to achieve surreptitiously and clandestinely what he can't do directly to sack the CBI director. Habitual and perpetual misuse of CBI by Modi government and BJP to tamper fair investigation of serious criminal cases is the reason for this unfathomable mess," Congress spokesperson Randeep Surjewala said in a series of tweets.Surjewala questioned whether the CBI director was "sacked" for his keenness to probe the layers of "corruption in Rafale Scam".According to top government officials, the whole action pertaining to removing Verma and Asthana has been taken after the Chief Vigilance Commission (CVC), which has got complaints of corruption against Verma, felt that as long as these two stay in the agency, there can't be a fair probe on charges against them.The government's action comes a day after high-voltage drama involving director Alok Verma and special director Rakesh Asthana in the Delhi high court. (With agency inputs)<doc-sep>Congress president Rahul Gandhi on Thursday said the main reason for the ‘removal’ of Central Bureau of India (CBI) director Alok Verma was that the agency was going to begin a probe into the “role of Prime Minister Narendra Modi in the Rafale scam” and the alleged corruption in the fighter aircraft deal. Union human resource development (HRD) minister Prakash Javadekar termed this a “lie” and said there “is no inquiry” by CBI into the Rafale deal.Gandhi’s reference could be to a complaint given to Alok Verma (who has now been divested of powers) on October 4 by lawyer and activist Prashant Bhushan and former Union minister Arun Shourie. “The complaint was marked by Verma to the Anti-Corruption Headquarters branch that was functioning under joint director Arun Kumar Sharma till Wednesday. The branch was verifying the contents of the complaint to see whether it even warrants a preliminary enquiry,” said a government official familiar with the development. Addressing a news conference at the party headquarters in Delhi soon after his return from a two-day election campaign in Rajasthan, Gandhi said Verma was “removed in panic” because he was going to begin a probe into the Rafale deal. “And that would have been suicidal for Modi,” said Gandhi. He was flanked by senior leaders Ashok Gehlot, Ahmed Patel, Mallikarjun Kharge, Randeep Singh Surjewala and Anand Sharma. The Congress president later announced that he would lead a protest march outside the CBI headquarters at 11am on Friday. The march is part of a protest by Congress workers outside CBI offices across India. The internal feud in the Central Bureau of Investigation (CBI), which saw the government, through the Central Vigilance Commission, effectively divesting both Verma and the agency’s special director Rakesh Asthana of their responsibilities, has given fresh ammunition to the main Opposition party to step up its attack on the Prime Minister and his government as it sought to link the developments in the agency to the Rafale jet deal. The Congress claims the Modi government scrapped an United Progressive Alliance (UPA)-era deal with Dassault Aviation for 126 Rafale Aircraft, and instead bought 36 of the same aircraft in a government-to-government deal with France. According to it, the NDA government paid more for each aircraft and also scrapped the assembly part of the deal (state-owned Hindustan Aeronautics Ltd was to assemble 108 of the aircraft). It alleges that this was done with the idea of benefitting Anil Ambani’s Reliance Defence, which subsequently formed a joint venture with Dassault to benefit from the French company’s offset obligations. The government contends the two deals aren’t comparable because the Rafales acquired are customised in terms of capabilities and weaponry, that the earlier deal would have never been signed because HAL couldn’t have met the cost- and time-requirements, and that Dassault chooses its own offset partners. Reliance Defence and the French government have also said the same. On Thursday, Dassault Aviation CEO Eric Trappier told CNBC TV18 in an interview that it was the company’s choice to pick Reliance as a partner and that the Indian government had no role in this. At an event in Mumbai, defence minister Nirmala Sitharaman said that there would be more offset partners and that her ministry would get to know about these when Dassault filed details of its offset obligations. Gandhi also questioned the legality of Verma’s removal. “His removal is an insult to the Constitution, the Chief Justice of India and the Leader of Opposition. The move is illegal, criminal and unconstitutional” the Congress chief added, referring to the two other members of the committee, other than the Prime Minister, that selects the CBI chief. Gandhi said the “fight” is on to reinstate Verma. The central leadership of the Congress has asked all its state units to agitate in front of CBI offices across the country on Friday, protest the “undemocratic, unconstitutional and dictatorial act of the Modi government to remove” Verma, and demand his immediate reinstatement. Gandhi also attacked Modi for his “silence” on the issue. “You have to notice throughout all this, the Prime Minister has not said a single word,” he said. Gandhi also accused Modi of destroying CBI and attacked him over the appointment of M Nageshwar Rao as the interim CBI chief. “He (Rao) is facing several charges. He has appointed a person who can be controlled by the Prime Minister. The Prime Minister does not want an inquiry into Rafale that is why he has got a vulnerable officer who will do what the Prime Minister wants him to do to hide the facts,” the Gandhi alleged. The BJP said the government does not interfere in the working of any agencies, be it ED, CBI or IB. Javadekar said the government action against the CBI officials is an “extraordinary solution to an extraordinary situation.” “These are independent agencies, we preserve their independence, we don’t interfere in their routine investigation and government is committed to weeding out corruption from all walks of life,” he said. The BJP leader said the Congress was “manufacturing” untruths about the government as it has “lost all hopes to become relevant”. “Rahul Gandhi is manufacturing lies on Rafale; today he came out with a new falsehood that the CBI director was removed. This, when the CBI chief and the number two (in CBI) have been sent on leave. The second lie that Gandhi said is that he was sent on leave because he was inquiring about the Rafale deal; there is no case of inquiry,” Javadekar said.<doc-sep>The Central Bureau of Investigation (CBI), India’s premier investigation agency, rejected allegations that former director, Alok Verma was in-charge of several crucial cases, including the Rafale deal, as reported by The New Indian Express. "This is being manufactured by vested interests. Every file in the CBI at each level is accounted for," CBI Spokesperson Abhishek Dayal said in reference to misleading press stories. The CBI has been embroiled in an unfortunate controversy over the past week as the tussle between the director and his deputy, Special Director, Rakesh Asthana, came out in the open. The NDA government moved in swiftly, and sent both the top officials, on leave to protect the agency’s integrity and reputation. Finance Minister, Arun Jaitley, also noted that a SIT (Special Investigation Team) has been formed to look into the corruption charges levelled against Mr Asthana. In the meanwhile, IPS officer, Nageshwar Rao has been appointed as the head of CBI as an interim measure. It was reported in the Economic Times that Rahul Gandhi, President of Congress, called the removal of Alok Verma as ‘illegal’ and as an attempt by the government to block an investigation of "corruption" in the Rafale fighter jet deal. The CBI director is appointed by a high-powered selection committee consisting of the Chief Justice of India (CJI), the Prime Minister and the Leader of Opposition. He can be removed on the grounds of misbehaviour by the President of India, only after an enquiry.<doc-sep>New Delhi: The government’s 2 am decision to oust director Alok Verma as the director of the Central Bureau of Investigation came hot on the heels of not just his request for sanction to arrest an official considered close to Prime Minister Narendra Modi but also his interest in the controversial Rafale deal. Last week, the CBI filed an FIR charging Rakesh Asthana – special director in the CBI and a Gujarat cadre police officer propelled to prominence in the agency by the PMO – with bribery and corruption. Since official sanction from the government is needed to arrest any officer above the rank of joint secretary, Verma had placed a request but permission was not granted. Also read: Modi Ousts CBI Chief Alok Verma, Offices Sealed as Asthana Case Reaches Breakpoint The Wire has also learned that Verma – who was selected by a high-powered collegium including the Chief of Justice of India for a protected tenure “not less than two years” that ends in January 2019 – had been readying himself to initiate a preliminary enquiry (PE) in to the Modi government’s controversial decision to purchase 36 Rafale aircraft from Dassault Aviation, with a major part of the offset contracts going to an Anil Ambani-led company. The decision to purchase 36 aircraft in a flyaway condition – in lieu of the originally cleared proposal of buying 18 flyaway fighter jets and manufacturing 108 in India – was taken personally by Modi and announced by him in Paris on April 10, 2015 allegedly without any of the necessary statutory clearances and is now the subject of a criminal complaint to the CBI filed by former BJP ministers Yashwant Sinha and Arun Shourie and lawyer Prashant Bhushan, and also a PIL in the Supreme Court. The trio of Sinha, Shourie and Bhushan had submitted a voluminous complaint to the CBI. Verma not only received the complaint but sought a confirmation from the defence ministry about the authenticity of the official documents they had referred to. Good journalism costs money. We’ve made it easier for you to fund The Wire. Now, you can support us by giving as little as Rs 200 every month. More details here. Earlier this year, in fact, Aam Aadmi Party Rajya Sabha MP from Delhi Sanjay Singh had written to the CBI and CVC asking that the Rafale matter be investigated, and that correspondence is also part of the official record. Correspondence between CVC, CBI and Sanjay Singh, MP, on Rafale probe by The Wire on Scribd While the Supreme Court has asked the government to inform it of the procedures it has followed in the entire aircraft deal – a significant move since the Prevention of Corruption Act criminalises certain official decisions taken in disregard to procedure – Verma too had begun the process of looking at some of the Rafale deal documents and reportedly wanted the defence ministry to authenticate them, authoritative sources have told The Wire. Verma’s interest in the Rafale deal was likely seen by the prime minister and his closest aide in government, national security advisor Ajit Doval, as a dangerous shot across the bow and seems to have been the key trigger for the CBI director’s removal. The net effect of the prime minister’s action is that the upper echelons of the CBI have been virtually dismantled as all teams have been dissolved and the CBI building sealed with unknown intelligence officials carrying out raids. Also read: CBI vs CBI Reflects Rot at the Top of Political Leadership Nageshwar Rao, who has replaced Verma as acting director, is the first IG-level official ever to be chief of the CBI. Verma wanted action against him too but the Modi-appointed Chief Vigilance Commissioner, K.V. Chowdhary resisted. Rao’s first decisions have been to move the officials who were investigating Asthana out of headquarters. Notionally, the Modi government is claiming to have acted on the advice of the CVC but the move is bound to be challenged at the Supreme Court. Noted lawyer and activist Prashant Bhushan confirmed to The Wire that he is moving the apex court, whose orders, he says, the Modi government has flagrantly violated. Already, opposition politicians have accused Modi of ousting Verma to ensure the Rafale deal is not taken up for investigation. Is there a co-relation betn Rafale deal and removal of Alok Verma? Was Alok Verma about to start investigations into Rafale, which cud become problem for Modi ji? — Arvind Kejriwal (@ArvindKejriwal) October 24, 2018 While the Modi government’s unofficial spin to the media is that the Centre has acted against both Verma and Asthana, officials familiar with the case insist there is no equivalence between the two. Verma, they say, is the CBI director with a collegium protected tenure who acted with the full backing of the law against his junior for alleged bribery and extortion. Also read: Can Narendra Modi Be Convicted of Corruption for the Renegotiated Rafale Deal? This was never a turf war as is being made out in the media but an outgrowth of the Modi government’s attempts to politicise the functioning of the CBI. As director, Verma insisted on ensuring that extra constitutional authorities did not carry out a political vendetta against rival politicians. Special director Asthana, on the other hand, appeared eager to play out political agendas. When Verma as director resisted, Asthana sought to make this an issue in a complaint to the CVC. Top CBI officials say Asthana has also acted in ways that have weakened the case against Vijay Mallya, as reported in The Wire. Sources say Modi, BJP president Amit Shah and Doval were in a huddle from early evening. The result was what is being termed as a ‘coup against the CBI. Top officials say this is the latest example of the “undeclared emergency” – an action unsupported by an law.<doc-sep>
CBI headquarters in New Delhi. (PTI photo) Key Highlights CBI's feuding No. 1 and 2, director Alok Verma and special director Rakesh Asthana, have been sent on a leave based on a CVC report Joint director M Nageswar Rao has been appointed as the interim CBI chief NEW DELHI: A sequence of dramatic developments late on Tuesday night culminated in the government sending CBI 's feuding No. 1 and 2, director Alok Verma and special director Rakesh Asthana , on leave on the basis of a strongly-worded report from the Central Vigilance Commission (CVC). The year-long fight that roiled the CBI and saw Asthana file a complaint accusing Verma of several improprieties and the CBI chief retaliating by registering an FIR against his deputy for alleged corruption ended with both being benched and as many as 14 officers shuffled. The decision immediately led to opposition protests that the action was intended to prevent investigation into sensitive cases concerning the government, a charge reiterated by Verma in a petition he filed in the Supreme Court on Wednesday seeking quashing of the order that effectively removed him from office. The CVC order, under Section 8(1)(a) and (b) of the CVC Act, said Verma had not cooperated in making available records relating to complaints about his own role in allegedly shielding one of the main suspects in the UPA-era railway contracts scam and also allegations levelled by Asthana about bribes in the Moin Qureshi case. The CVC said despite repeated reminders, the CBI failed to provide information on the two cases, but it then came to light that the agency had registered an FIR against Asthana on the basis of a statement by an accused being probed by the officer. The attitude of the CBI established "non-cooperation" and "non-compliance" and amounted to "wilful obstruction" of the CVC's functioning, it said. Such was the turmoil in the premier investigation agency that the government overlooked the No. 3, A K Sharma, allegedly for his proximity to Verma in dealing with cases against Asthana, and appointed joint director M Nageswar Rao as the interim CBI chief. Official sources said the speed with which orders were passed on the CVC report was necessitated by the blood-letting in CBI spiralling out of control with Verma stripping Asthana of responsibilities and the matter reaching the Supreme Court. The CBI's public display of dirty linen was eroding public faith and showing the government in poor light for being unable or unwilling to stop the fighting. "We were left with no option," a senior government functionary said, highlighting that the opponents who attacked it on Wednesday for taking action had earlier alleged inaction. Finance minister Arun Jaitley said an SIT would look into the charges, which had led to a "bizarre and unfortunate situation" and made it impossible for a probe. Verma and Asthana will not have any role in the CBI's functioning in corruption cases until "further orders". The government's administrative action is based on the CVC's power to superintend the Prevention of Corruption Act cases being investigated by the CBI. It has also drawn on Section 4(2) of the Delhi Special Police Establishment Act. The sections dealing with the terms and conditions of the CBI director state that his transfer requires the consent of the selection committee and government sources argued that Verma's case did not amount to transfer or removal. The selection committee comprises the PM, the leader of the opposition and Chief Justice of India. Verma, as well as the opposition, said the committee alone was empowered to decide on the CBI chief's "transfer". The government denied that Verma has been transferred, contending that Rao's appointment as CBI head was an "interim measure" that would subsist "till the CVC concludes its inquiry into all issues which have given rise to the present extraordinary and unprecedented situation and till CVC and/or government takes appropriate decision in accordance with the law". On Tuesday evening, the CVC informed the government in a letter that Verma had registered an FIR against Asthana under Section 13(1)(d) of the Prevention of Corruption Act, which had since been "omitted" and the case was based the complaint of an accused. The DoPT said, "The government evaluated the material before it and in the interest of equality, fair play and principles of natural justice, decided to divest Verma and Asthana of their functions, powers, duty and supervisory role in any manner in CBI."