AGENCIES / NEW DELHI
Supreme Court today adjourned the hearing to December 5 on CBI director Alok Verma’s plea challenging the government’s order divesting him of his duties and sending him on leave in view of graft allegations against him.
The Apex Court said it would first consider whether the government has the power to divest the CBI director of his duties under whatever circumstances or whether the selection committee headed by the prime minister must be approached before moving against Verma on corruption allegations.
The court took this stand after making it clear that for now, it was not going into the allegations and counter-allegations involving Verma and CBI’s No.2 officer and Special Director R K Asthana.
Both of them have been stripped of their powers and sent on forced leave following their bitter feud. Verma’s two-year tenure ends on January 31 next.
A bench of Chief Justice Ranjan Gogoi and Justices Sanjay Kishan Kaul and K M Joseph also deferred hearing on the report of the CVC probe for a later stage.
Alok Verma, who has been divested of all duties by the Centre and sent on leave, told the Supreme Court on Thursday that he was appointed for a fixed tenure of two years and cannot even be transferred.
Challenging the government’s decision, his counsel and senior advocate Fali S. Nariman said Verma was appointed on February 1, 2017 and “the position of law is that there will be a fixed tenure of two years and this gentleman cannot be even transferred”.
Making his submission before a bench comprising Chief Justice Ranjan Gogoi, Justices S.K. Kaul and K.M. Joseph, the advocate said there was no basis for the Central Vigilance Commission to pass such an order recommending to send him on leave.
“There has to be strict interpretation of the Vineet Narain judgment. This is not the transfer and Verma has been denuded of his power and duties…otherwise there was no use of the Narain judgement and the law…,” Nariman said.