CBI: Chances of Verma and Asthana returning appear slim

With the SC showing its concern to maintain public confidence in CBI and maintain its institutional integrity, speculation is that the Director and the Spl Director may not be returning to the agency

CBI: Chances of Verma and Asthana returning appear slim
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Uttam Sengupta

Was the Central Vigilance Commission right in recommending the removal of the CBI director three and a half months before completion of his term? And did it have sufficient grounds to make the recommendation?

Was the Government ‘right’ in enacting a dramatic midnight coup and install an interim director of the CBI? And was the interim director right in transferring overnight CBI officials who were investigating charges against the Special Director of the CBI, Rakesh Asthana?

Above all, will the Supreme Court strike down the CVC’s recommendation and government action and recall the CBI director and the Special Director from forced leave?

These are the questions that will have to wait for an answer till next week when the Supreme Court bench headed by Chief Justice of India Ranjan Gogoi hears the reply of Alok Verma to the inquiry report submitted by the CVC to the court as per its directions.

The apex court was expected to take a decision on the basis of the confidential inquiry report submitted by the CVC. But it took the unusual step of handing over a copy of the report to Fali Nariman, counsel for Alok Verma, with the direction that he may like to respond to the inquiry.

What remains to be seen is whether the CVC and the Government escape the judicial scrutiny and come out unscathed. Both have a lot to answer and all eyes will be on the Supreme Court on Tuesday to see whether they are pulled up for mishandling the situation in the CBI.

Why would the court have done it? The CJI said the court wanted to hear the ousted CBI director’s views before taking any decision; that this was being done to protect the institutional integrity of the CBI and maintain public confidence in the agency. While large sections of the media have interpreted this to mean that the CVC has indicted Verma on at least some counts, the implications are wider.

The court has clearly laid down its priorities; that it is keen to ensure that people’s confidence in the agency is not undermined and that the integrity of CBI is maintained. These priorities in turn provide a glimpse to what appears on the anvil.

Speculation is rife that the apex court may direct to keep both Verma and Asthana out of the agency. Verma in any case has two and a half months of his term left. And if he does return to the CBI as director, he will be a lame duck director with much reduced authority. An innovative suggestion is for the court to restore Verma back in his position but to take the permission of the court before taking any major decision.

Similarly, chances appear slim of Asthana being allowed to resume his position in the agency. An indication that the court is not amused with his conduct came when the CJI pointedly asked his lawyer, former Attorney General Mukul Rohatgi, under what law his client had complained to the Cabinet Secretary against Verma.

Asthana, who had taken the unprecedented step of complaining to the Cabinet Secretary in August detailing corruption charges against the director, may well find the road to the CBI director’s office permanently blocked for him.

What remains to be seen is whether the CVC and the Government escape the judicial scrutiny and come out unscathed. Both have a lot to answer and all eyes will be on the Supreme Court on Tuesday to see whether they are pulled up for mishandling the situation in the CBI.

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