Dinesh Kamath's Editorial 'CBI Director reinstated' that was published in Newsband

CBI Director reinstated

CBI Director Alok Verma has been reinstated, conditionally. The Supreme Court had divested Alok Verma of his functions and duties as Director of the CBI. There was an unseemly tussle for supremacy between Verma and Special Director Rakesh Asthana, with corruption charges being traded. The court came up with the interim order asking for a time-bound inquiry into the charges against Verma. The Bench, headed by Chief Justice Ranjan Gogoi, has chosen to deal only with the major question of law involved. The decision has gone against the government.

‘Transfer’ is something that cannot be done by any authority except the high-powered selection committee headed by the Prime Minister in terms of the 2003 amendments to the law. Stripping the CBI Director of his duties did not amount to a transfer. Verma could appeal to SC for restoring his lost service period of three months due to illegal order of the government.

Varma would most likely have instigated an inquiry into the Rafale deal had this coup not been attempted. Having said that a nation's affairs cannot be dependent solely on an individual. If there is corruption in the Rafale deal, and all indications are pointing to that direction, then it must come out - Varma or no Varma. Otherwise we do not deserve democracy.

The court ruling is limited to the question of the procedure adopted by the government. The court has done the right thing in conditionally reinstating him. SC saved CBI director but didn't guarantee for further episodes. Both sides must save the sanctity of CBI.

Verma has faced an enquiry, which was supervised by a former SC Judge. The findings have been submitted in a sealed cover. Though the contents are now known, the CGI himself has observed that some findings are not complimentary and a few others need further probe. Now who will act as a disciplinary authority and decide upon the findings - certainly not the Apex Court, but it is the appointing authority i.e. the high powered committee that will decide and if warranted, award a suitable punishment. The CGI is one of the three members of the committee and his opinion will be decisive. But he, in his capacity as a judge, has not aired his view, as the role and capacity is different.

Verma is not yet exonerated till such time conditions apply. There is no intrigue here and the judgment is very fair and balanced. So if there is issues between two senior officers of an independent body, Government should keep quiet according to SC verdict. How can that be? Everyone is answerable to elected Government If this was same case during UPA, TH and media houses would have written otherwise.