The CBI headquarters. CBI Director Alok Verma was divested of his charge, as he was not cooperating with the Central Vigilance Commission, and had created "wilful obstructions" in the functioning of the anti-corruption watchdog, the government claims.
“The CVC observed that the CBI Director has been non-cooperative with the Commission, non-compliant with the requirements or directions of the Commission and has created wilful obstructions in the functioning of the Commission, which is a Constitutional body,” Union Ministry of Information and Broadcasting said in an official release.
The CVC also observed that Verma was not cooperating in making available records or files sought by the Commission relating to serious allegations, the Ministry added.
The “grave” allegations of corruption by senior functionaries against one another had vitiated the official eco-system of the organisation.
“The environment of faction feud has reached its peak in the CBI, leading to a potential loss of credibility and reputation of the premier investigating agency. It also vitiated the working environment of the organisation, which has a deep and visible impact on the overall governance,” the government said.
Considering the extraordinary and unprecedented circumstances, the CVC, in the exercise of its powers, passed orders divesting Verma and Rakesh Asthana, the CBI Special Director of the functions, power, duty and supervisory role in respect of cases already being investigated under the provisions of Prevention of Corruption Act until further orders.
Finance Minister Arun Jaitley on Wednesday said that a SIT will be formed to go into mutual allegations of bribery levelled by Verma and Special Director Rakesh Asthana in keeping with the principle that those accused will not probe the charges or supervise the investigation into charges against them.
“The government having carefully examined and evaluated the material before it and in the interest of equality, fair play and principles of natural justice, decided to divest Verma and Asthana of their functions, power, duty and supervisory role in any manner as CBI Director and Special Director, respectively.”
The government on Wednesday sent both Verma and Asthana on “leave”.
The government took this decision as an interim measure which will subsist “till the CVC concludes its inquiry into all issues”.
The Centre has asked CBI Joint Director M. Nageshwar Rao to take over the duties and functions of the CBI Director.
The government rejected as “rubbish” opposition allegations that CBI Director Alok Verma was removed because he was going to order a probe into the charges in the Rafale deal ” and said the step was taken on the recommendation of the CVC to maintain the institutional integrity of the probe agency.
“I regard this as rubbish. Three opposition parties are saying that we know what the agency was going to do next (Rafale probe). This cast doubts on the fairness of the probe.
“I don’t believe this is true. If what the three parties are saying is true, then this itself casts serious doubts on the fairness of the investigation. It violates the integrity of the person.
“I still believe everybody is presumed to be innocent till proved otherwise. We don’t want to prejudge. We are committed to ensuring that India’s investigating process does not become a mockery as some officers have attempted to do in the last few days.
“It is important that the integrity of CBI as an institution be maintained. That is why some officers must stand out for the time being as an interim measure. If they are innocent they will come back,” he said.
He was replying to a question on the charge by Congress, AAP and CPI-M that Verma was shunted out because he was going to order a probe into the allegations on the Rafale deal over which former ministers Yashwant Sinha and Arun Shourie and senior Supreme Court lawyer Prashant Bhushan had given a memorandum demanding a probe.
Jaitley said CBI is a premier investigating agency and maintenance of its institutional integrity is a pre-condition for not only ensuring that investigations are fair and that “we cannot afford people facing allegations who are outside the country raising fingers against the integrity of CBI.”
He said a strange and unfortunate situation had arisen with the Director and Special Director of the agency levelling allegations against each other.
“Who will investigate? The requirement of fairness and fair play should be there. It does not come under government jurisdiction and government will not do it,” he said and added that the power of superintendence of the investigative functions of CBI rests with the CVC under the provisions of the CBI Act.
“Who will do it, who is the witness and what is the evidence under CrPC. The investigation should be fair. The CVC should look into it. The CVC has all the material about the mutual allegations,” he said.
The Finance Minister said the Central Vigilance Commission met on Tuesday evening and said that the two officers cannot probe these allegations nor can any agency under their supervision can do it.
“So to maintain the integrity of the CBI and fairness of the probe and as an interim measure, they have been asked to sit out. A SIT not functioning under either of the two officers will investigate the case. This is in keeping with the highest standards of fairness.”
Referring to the opposition allegations on the removal of Verma, he asked “do they want either of the officers who are facing charges be the supervising authority. Nothing can be more unfair than the accused being in charge or supervisory head of the investigation.”
Asked why the Secretary of the Personnel Department was woken up after midnight to issue the order on Verma, Jaitley said the question is contrary to the first part that the action came late.
“The CVC made the decision in the evening. The government is fast-acting. If the government acts fast, you say it is in a hurry. If it is slow acting, you will say it is policy paralysis,” he said.
Replying to another question that Asthana, a Gujarat cadre IPS officer, was the “blue-eyed boy” of the Prime Minister, Jaitley said “I think this makes for juicy stories in the electronic media.
“There is Evidence Act. Whatever be the independence of the investigation, in a criminal case red eye or blue eye does not matter. It is the quality of the evidence that matters.”
“The CVC recommendation and the government action was intended to restore the integrity of the institution. If this is destroyed the worst form of scamsters will stand to benefit,” Jaitley said.
On the government’s decision on Verma, Jaitley said it was important for every person including the opposition, PIL petitioners and Left-wing wire agencies to remember that the fairness of the principal investigating agency should be maintained.” (IANS)