Congress' Kharge moves SC against 'illegal' removal of CBI chief Verma

New Delhi: The CBI controversy took a fresh turn on Saturday as the Congress, challenging the government’s decision to send the probe agency’s chief Alok Verma on a forced leave “completely illegal and arbitrary”, approached the Supreme Court to put a stop on the political executive’s interference with the independent body.

Leader of Congress Parliamentary Party in Lok Sabha Mallikarjun Kharge, who is a member of a selection committee that picks the probe agency’s director, filed a petition in the top court for setting aside the Centre’s order divesting Mr Verma of his powers.

Speaking to reporters, Mr Kharge said, “Prime Minister Narendra Modi’s suo moto action of sending Alok Verma on leave is illegal and is in violation of the CBI Act.”

The Congress leader said that “as a concerned stakeholder he brings to the attention of the court the brazen and illegal actions” of the political executive in interfering with the independent functioning of the CBI director.

“The transfer of an incumbent director, CBI, in an extraordinary situation, including the need for him to take up a more important assignment, should have the approval of the selection committee. The applicant being a member of the statutory committee was not consulted nor was he a part of any meeting or privy to any decision to divest Alok Verma of his powers as director, CBI,” the petition said.  

Mr Kharge also said that the Central Vigilance Commission (CVC), which is conducting a probe against Mr Verma, has no power to act against the CBI director.

The Congress has maintained that the government hatched a conspiracy to remove Mr Verma as he was about to start an investigation into the Rafale fighter jet deal.

The CBI director is appointed by a three-member committee of the Prime Minister, Chief Justice of India and the leader of the Opposition. Mr Kharge was part of the selection committee that appointed Mr Verma in 2017.  

In an unprecedented shake-up in the CBI’s 55-year history, both Mr Verma and his deputy, special director Rakesh Asthana, were divested of their powers and sent on leave in a dramatic overnight action by the government on October 23.

Mr Verma has petitioned the apex court challenging the government’s order that divested him of his charge. The Supreme Court has set a two-week deadline for the CVC to complete the inquiry against Mr Verma. The court has directed that the inquiry be conducted under the supervision of a retired apex court judge and barred IPS officer M. Nageswara Rao, who has been given interim charge of looking after the duties of CBI director, from taking any policy or major decision.

The feud between Mr Verma and his Mr Asthana took a new turn when an FIR was lodged by the CBI against the latter, who had complained against the CBI chief to the CVC. The government has justified its action by saying that for an impartial enquiry both officers needed to step away.