CBI Vs CBI: Cong welcomes move; Rahul says 'Verma was removed because he was about to probe Rafale'

In a huge setback to the Central government, the Supreme Court today quashed the October 23, 2018 notification of the government to divest the CBI Chief Alok Verma of his powers and send him on leave.

बैकग्राउंड

New Delhi: The Supreme Court on Tuesday reinstated CBI Director Alok Kumar Verma, setting aside the Centre's decision to divest him of his powers, but restrained him from taking any major policy decision till the CVC probe into corruption charges against him is over.The apex court said any further decision against Verma, who was sent on leave following the Centre's October 23 decision and retires on January 31, would be taken by the high-powered committee which selects and appoints the CBI director.The selection committee comprises the prime minister, the leader of opposition and the chief justice of India.The top court said the high powered committee will take its decision on the basis of the findings of the Central Vigilance Commission inquiry. It said the meeting of the committee should be convened within a week. The judgement was penned by Chief Justice Ranjan Gogoi. However, the CJI didn't attend court and it was pronounced by Justices S K Kaul and K M Joseph.The apex court also set aside the Centre's decision to appoint senior IPS officer M Nageswara Rao, who was joint director, as the agency's interim chief.With the verdict, the apex court has set aside the Centre's October 23 decision divesting Verma as CBI chief and sending him on leave.Verma's two-year tenure as CBI Director ends on January 31. He has moved the top court challenging the Centre's decision.Verma sought quashing of three orders of October 23, 2018 -- one by the CVC and two by the Department of Personnel and Training (DoPT) -- as being without jurisdiction and in violation of Articles 14, 19 and 21 of the Constitution.Rao, a 1986 batch Odisha-cadre IPS officer, was given the charge of interim chief of the probe agency.The Centre took the decision to send Verma and CBI's Special Director Rakesh Asthana on leave after their feud become public. The top two charged each other of corruption.The Centre said Verma and Asthana were fighting like "Kilkenny cats", exposing the country's premier investigating agency to "public ridicule". Challenging the government's decision, Verma's counsel and senior advocate Fali S Nariman argued that the CBI director 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".Nariman said there was no basis for the CVC to pass an order recommending that Verma be sent on leave.

08/01/2019 12:39:47

Government's aim was to protect CBI: Finance Minister Arun Jaitley on SC order reinstating CBI director Alok Verma /(Source: PTI)

08/01/2019 12:24:41

The government had taken this action of sending two senior officers of the CBI on leave on the recommendation of the CVC: Arun Jaitley

08/01/2019 11:18:47

"Wasn't CBI director illegally removed at midnight to stall the probe in Rafale scam which directly leads to PM himself?", Arvind Kejriwal reacts.

08/01/2019 11:19:29

Mallikarjun Kharge, Congress on SC's verdict on Alok Verma plea: We're not against one individual, welcome SC's judgement, it's a lesson for govt. Today you'll use these agencies to pressurise people, tomorrow somebody else will, What will happen to democracy then? pic.twitter.com/sAHEvuYNf8— ANI (@ANI) January 8, 2019

08/01/2019 11:10:55

Verma has been reinstated as the CBI Chief by the SC, but his powers have not yet been restored. WATCH:

08/01/2019 11:07:29

Supreme Court says, the government should have referred to the Select Committee consisting of the Chief Justice of India, Prime Minister and Leader of Opposition to initiate Alok Verma’s removal.

08/01/2019 11:04:13

Though the SC reinstates Verma as the CBI Chief, he, however, cannot take major policy decisions until the CVC enquiry against him is over

08/01/2019 10:53:14

Supreme Court reinstates Alok Verma to CBI after quashing previous government order of sending him on leave

08/01/2019 10:47:35

SC quashes government's decision of sending Alok Verma on leave

08/01/2019 10:38:58

The verdict is now being read in the court. Justice SK Kaul, who was part of the three-judge bench that heard the CBI vs CBI case, is pronouncing the verdict. CJI Ranjan Gogoi, who led the bench is on leave today.

08/01/2019 10:44:14

Verdict of October 23 of sending Alok verma on leave scrapped

08/01/2019 10:35:06

Justice SK Kaul is reading the judgment on Alok Verma's plea

08/01/2019 10:20:46

Alok Verma to retire on Jan 31:
Interestingly, the Supreme Court judgment today on Alok Verma's plea challenging his forced leave comes just days ahead of his retirement. Verma is set to retire on January 31.

08/01/2019 10:20:27

Justice SK Kaul to pronounce verdict:
Chief Justice of India Ranjan Gogoi is on leave and so, he will not be pronouncing the verdict on Alok Verma's plea. The CBI vs CBI case was heard by a three-judge Supreme Court bench of CJI Ranjan Gogoi and Justices SK Kaul and KM Joseph. With CJI Gogoi unavailable, Justice SK Kaul will be the one pronouncing the verdict.

08/01/2019 10:13:10

The verdict will be pronounced on Alok Kumar Verma's plea against the Centre's decision to divest him of powers and sending him on leave.