Dinesh Kamath's Editorial 'Tussle in the CBI’s top echelons' that was published in Newsband

Tussle in the CBI’s top echelons

The tussle between Director of the Central Bureau of Investigation Alok Verma and Special Director Rakesh Asthana has ended with the former’s removal, although it is couched as a transfer. The government was even-handed in asking both Verma and Asthana to proceed on leave.

The legal protection for the CBI Director from external interference is not strong. The court’s reinstatement of Verma was not unconditional. It asked the committee — comprising the Prime Minister, the Chief Justice of India, and the leader of the largest Opposition party - whether he should be divested of his powers. The majority ordered Verma’s transfer. The committee refused Verma a personal hearing because the Central Vigilance Commissioner had heard him and as he was neither suspended nor transferred, but only given a post of equal rank, there was no need for a hearing. But the future regimes may use this precedent to get such an adverse report against an inconvenient director and unseat him.

Verma has claimed that the CVC report was based only on the complainant’s charges against him, and did not represent the CVC’s ‘findings’. CBI Director’s shifting is justified as serious charges were leveled and is under investigation. It is established procedure that till charges are cleared, an officer should be under suspension or shifted to avoid hampering or intervening the investigation. In this case,a prima facie is established in presence of retired SC judge and due procedure has been followed. Independence of any Institution is not absolute but subject to regulation.

The action by the government is strictly in accordance with Supreme Court ruling that only a committee appointed can remove the CBI director and the judge was also nominated by none other than CJI. There are clear indication of corruption against Alok Verma and hence one cannot say that the post of CBI director can be easily removed. It is unfortunate that the CBI director himself fell into the trap by charging his second in command with corruption charges. But the entire episode has reduced the image of the institution.

The CBI cannot be so 'independent" that its director cannot be removed by any power on earth under any circumstances whatsoever. That just cannot happen for quite valid reasons. Here the people rule themselves through their representatives. It cannot be that police rule us. The provision of a selection committee with powers to remove/transfer is only meant for ensuring that the government does not err in taking action when it deems needed.

Some people suspect that the removal of director of CBI is an attempt by Central Government to escape from being exposed. Varma was to examine the Rafale dealings and retired CJI. Deepak Misra's mistakes. So the Government felt afraid and had the director removed from CBI.

SC wanted the committee to settle the matter in a fortnight. Anyway, Verma was due to retire on 31^st January. What was the hurry for Verma to reverse the orders taken by his predecessor, even though he knew he was on borrowed time. He could have waited till the meeting of the committee before taking such decisions. That shows he had an agenda. Finally, everyone knew how the two political votes in the committee would go. Hence, by questioning the decision of the committee, everyone is questioning the credibility of Justice Sikri. This is fraught with danger for every decision will be viewed suspiciously and from a political angle.

Alok Verma has had an unblemished career in the IPS for forty years. The only complaint against him came from a disgruntled senior colleague, who the Delhi High Court has confirmed today should be investigated by the CBI for corruption. It would have been graceful to allow him to have served for another three weeks and then allowed retire in peace. The allegations made against him could have been enquired into with professionalism.

Independence of investigating agencies is sacred in a democracy. Why is it that FBI reports to the Deparment of Justice in the US but CBI reports to the PMO in India?