SC restricts Modi appointee interim CBI chief Rao’s power

In what can be termed as a setback for the Modi government, the Supreme Court on Friday, October 26, said the CVC has two weeks to probe into the allegations against Director Alok Verma and it will be monitored by retired SC judge AK Patnaik. The next date of the hearing is November 12.

Making it clear that prolonging the inquiry was not in the nation's best interest, a bench of Chief Justice Ranjan Gogoi, Justice Sanjay Krishan Kaul and Justice KM Joseph said the inquiry would be conducted on the allegation contained in the Cabinet Secretary's note to the CVC.

The apex court was hearing Central Bureau of Investigation (CBI) Director Alok Verma’s plea, challenging the Centre’s decision to divest him of his powers and send him on leave in view of the internal feud between him and Special Director Rakesh Asthana.

Fali Nariman argued for Verma, who in his petition had pointed out that “there are bound to be occasions when certain investigations into high functionaries do not take the direction that may be desirable to the government”. Mukhul Rohatgi appeared for Rakesh Asthana.

During the hearing, CJI Gogoi said an enquiry by the CVC should be completed in ten days under the supervision of a Supreme Court judge. “Interim CBI Director N Nageshwar Rao will not take any policy decisions,” he added.

The court ruled that Rao will only look after the functioning of the agency and all decisions taken by Nageshwar Rao from the date of his appointment as interim director till this hour will be submitted to the court in a sealed cover, the bench said.

The bench’s response drew opposition from Solicitor General Tushar Mehta who countered Gogoi stating that the agency would require more than 10 days to complete the probe and he vehemently opposed the supervision of CVC inquiry by SC judge

The Supreme Court bench declined to hear Rakesh Asthana’s plea against his ‘removal’. The bench stated that he should have submitted his petition earlier. His plea will be considered again on November 12.