38.6c New Delhi, India, Thursday, April 18, 2024

SC Reinstates Alok Verma As CBI Director

By LawStreet News Network      08 January, 2019 12:00 AM      0 Comments
SC Reinstates Alok Verma As CBI Director

The Supreme Court today i.e., January 8, 2019, has set aside the divestment of Alok Verma as CBI Director by holding that the statute empowers neither the State nor the Central Vigilance Commission to hamper with the tenure of the CBI chief.

A three-judge Bench led by Chief Justice of India Ranjan Gogoi and comprising of Justices S.K. Kaul and K.M. Joseph, however, ordered Mr. Verma not to take any "major policy decision" till the high powered panel takes a call on his fate.

The Bench upheld Mr. Verma's contention that he should not have been divested from the CBI directorship without the prior approval of the high-powered committee of the Prime Minister, Chief Justice of India and the Opposition Leader, which has, in the first place, the statutory authority to recommend the appointment of CBI Director under the Delhi Special Police Establishment Act, 1946.

As per the DSPE Act, neither the CVC nor the government has the power to disengage CBI Director from his functions and duties. These authorities cannot assume superintendence over the CBI Director when there is no legislative intent to back their assumption, the Bench observed reserving the petition filed by Mr. Verma and NGO Common Cause on December 6, 2018.

Further, the Bench also held that the very legislative intent behind amending the DSPE Act and empowering the PM panel to recommend the appointment of a CBI Director was to insulate the functioning of the CBI from the State and political higher-ups.

The Bench extended the interpretation of 'transfer' of the CBI Director to also mean his divestment. Section 4 of the DSPE Act requires the prior approval of the PM panel before transferring the CBI chief before his statutory two-year tenure is over. Consequently, now any change in the tenure, whether transfer or divestment of the CBI Director would be done with the prior approval of the PM panel.

The enquiry against Mr. Verma was initiated on a complaint of misconduct filed by CBI Special Director R.K. Asthana with the Cabinet Secretary on August 24, 2018, in the background of a feud between the two top CBI officers. The complaint had led to Mr. Verma’s divestment on the intervening night of October 23-24, 2018.

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM


Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email