Was CBI Director Alok Verma Removed Illegally?
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Question No. 1: I Know Why the Caged Bird Does Not Sing.
OR
Question No. 2: The famous caged parrot comment was made further going to prove as reality?
1. “Warring CBI officials Alok Verma and Rakesh Asthana are out of the agency now. But, unlike Asthana, Verma had a Supreme Court-mandated fixed tenure of two years.
2. Prabhash K Dutta: New Delhi: October 24, 2018: UPDATED: October 24, 2018 12:51 IST: Alok Verma removed as CBI director: CBI director Alok Verma was removed by the government following a tussle with special director Rakesh Asthana, who was also shunned out.
HIGHLIGHTS:
3. Alok Verma was appointed as CBI director in January 2017: As per law, CBI director gets a fixed two-year tenure: CBI director can be removed by the selection committee only .
4. With a midnight order, the Narendra Modi government removed CBI director Alok Verma from his post by appointing CBI joint director M Nageshwar Rao as the interim chief of the agency. The decision was approved by the Appointments Committee of the Cabinet.
5. This came in the wake of infighting between Alok Verma and CBI special director Rakesh Asthana. Earlier on Tuesday, Alok Verma had stripped Rakesh Asthana of all his responsibilities in the CBI. Alok Verma was the only CBI director who was appointed without any prior experience in the agency in January 2017.
6. Now, questions are being asked if Alok Verma was illegally removed from the post of CBI director. Lawyer-activist Prashant Bhushan wrote on Twitter, PM has no authority to send CBI director on leave as his tenure is protected. It is not CBI vs CBI. It is CBI versus a corrupt officer planted in the CBI by the PMO”. INDIA TODAY
7. Prashant Bhushan:✔@pbhushan1: Instead of suspending Rakesh Asthana, it seems that the PM is trying to send the CBI Director Verma on leave! PM has no authority to send CBI director on leave as his tenure is protected. It is not CBI vs CBI. It is CBI versus a corrupt officer planted in the CBI by the PMO.
8. Swati Chaturvedi✔@bainjal: Alok Verma has recommended that Rakesh Asthana be suspended pending investigation & repatriated to his parent Gujarat cadre. Will @PMOIndia follow his instructions for his blue eyed official?
9. “Before 1997, the tenure of the CBI director was not fixed and they could be removed by the government in any manner. But the Supreme Court in the Vineet Narain judgment fixed the tenure of minimum of two years for the CBI director to allow the officer to work with independence.
10. The Supreme Court order reads, The Director, CBI, shall have a minimum tenure of two years, regardless of the date of his superannuation. This would ensure that an officer suitable in all respects is not ignored merely because he has less than two years to superannuate from the date of his appointment.
11. The Supreme Court also ruled that the CBI director could be transferred only under extraordinary circumstances. The transfer needs to be approved by the selection committee comprising Central Vigilance Commissioner with the Home Secretary and Secretary (Personnel) as members.
12. Now, the selection committee comprises of the Prime Minister as the chairperson, the Chief Justice of India and the Leader of Opposition. The Supreme Court order found way to the Lokpal Act that now governs appointment of the CBI director. Requisite changes were also made in the Delhi Special Police Act, 1946 - the legal basis for creation of the CBI as an investigating agency.
13. Interestingly, Alok Verma’s removal was not referred to the selection committee as the government’s notification clearly states that M Nageshwar Rao was appointed interim CBI director after approval by the Appointments Committee of Cabinet. The prime minister and the home minister are the members of this committee.
14. What the Centre told Supreme Court earlier: An affidavit by the government is also of interest here. It was submitted in the Supreme Court during hearings on coalgate scam case when the famous caged parrot comment was made. The Supreme Court had then asked the Manmohan Singh government to ensure that the CBI functioned free of all external pressures.
15. The Centre filed an affidavit saying that the CBI director would be appointed by a collegium comprising of the Prime Minister, Chief Justice of India and Leader of the Opposition. The CBI director cannot be appointed or removed without the consent of this collegium, it assured the Supreme Court.
16. As per the affidavit, the CBI director can be removed before expiry of fixed tenure of minimum two years on the ground of misbehaviour only. But the President can issue such an order only after an inquiry.
17. There will be an accountability commission headed by three retired Supreme Court or High Court judges. The committee will look into cases of grievances against the CBI director, the affidavit said”. INDIA TODAY
Forwarded By: Balbir Singh Sooch-Sikh Vichar Manch
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