Plea in Supreme Court questions Nageswar Rao selection

New Delhi: Ahead of the crucial hearing on Friday on petitions challenging the order directing CBI director Alok Verma to go on leave, advocate Prashant Bhushan moved the Supreme Court for quashing of the order passed on the night of October 23 appointing Nageswar Rao, as the new interim director.

Mr Bhushan made a “mention” before a bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul for urgent listing of the petition on Friday along with Mr Verma’s petition. The CJI told the counsel that he would consider the request.

Through the NGO Common Cause, Mr Bhushan contended that the order issued by the Central Vigilance Commission, by which the incumbent director, Mr Verma, has been illegally divested of his work, was issued for malafide reasons. It said the order issued by the appointment committee of Cabinet, handing over the charge of the director CBI to Mr Rao when he himself is facing serious corruption charges, was in gross violation of the law regarding selection of the director, CBI.

On Tuesday, Mr Bhushan, pointing fingers at Mr Rao had tweeted: “Read this detailed & documented story on Nageshwar Rao appointed as acting director CBI by illegally removing the present Director. See how Rao protected the corrupt & his dubious assets.... The story carried by a Tamil portal accuses Nageshwar of corruption and money laundering. Sigh!!!” Besides questioning the appointment of Mr Rao as acting CBI chief, Mr Bhushan’s petition also highlights how the government through its brazen interference has attempted to subvert the premier investigating agency of this country. The petition also seeks a direction for the removal of CBI’s special director Rakesh Asthana from the CBI in light of serious corruption cases pending against him in order to ensure institutional integrity.

The petition sought a direction to set up a Special Investigating Team to look into the recent unprecedented events, which have unfolded, in past few days and also to investigate the allegations of corruption against the senior officials of the CBI and submit the report before this court for the consequent action thereupon.

In his petition Mr Verma has alleged that the special director Rakesh Asthana stymied decisions, which were crucial to the investigation of certain cases. He alleged that Mr Asthana had concocted evidence to “impugn his reputation”, whereupon an FIR was registered against him. A few hours after Mr Asthana had challenged it in the Delhi high court, a decision was taken by the Central government to send Mr Verma on leave.

Questioning the decision, Mr Verma has stated that he is a senior member of IPS with an unblemished record and an experience of over 35 years. In light of that, he was appointed director of CBI in January 2017 for “a statutory two-year term”. He submitted that there are occasions when certain investigations into high functionaries did not take the direction that might be desirable to the government.

In the recent past, all the functionaries of the CBI, from investigating officers and superintending officers up to joint directors and Directors, have agreed on a certain course of action. But special director Asthana held a different view and posed hurdles, he contended.