CBI Vs CBI: What Prompted The Overnight Decision Against Alok Verma, Asks CJI?, SC Reserves Order

“The factors that prompted the CVC to take the decision ON CBI Director Alok Verma did not happen overnight. If you had tolerated them since July, then what the reason for this immediate action suddenly without which the institution would have crumbled and fallen?”, Asked CJI to SGResuming his submissions on behalf of the Central Vigilance Commission (CVC), Solicitor General Tushar Mehta advanced that on a conjoined reading of section 8(1)(b) of the CVC Act of 2003 with its Section 8(2), the question for the court’s consideration would be whether a person who is a member of the IPS, on becoming the CBI Director, would cease to be a part of the All-India Services and consequently, not be amenable to the CVC Act.Giving a brief summary of How the CBI came into being, the SG submitted that initially what was the governing force was the Police Act of 1861, under Section 3 of which the superintendence of the state police vested in the state government. “It was felt that you need a specialised force under the central government and hence, the DSPE Act was introduced”“Before Vineet narain, either under the Police Act or under the DSPE, the CBI director was not considered to be an officer who would not be subject to the IPS rules. And even in the 1997 judgment, it is nowhere said that the IPS rules would not apply to him; only a minimum tenure of two years is guaranteed”, he insisted.He pointed out that the Apex Court direction in the 1997 Jain Hawala case that the Central government shall take all measures to ensure that the CBI functions effectively and efficiently and be viewed as a non partisan agency continues till date.“Is the only reason for which the apex court saw it necessary for the CBI Director to have a minimum tenure of two years, regardless of the date of his superannuation was to 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?”, Chief Justice Ranjan Gogoi wanted to know.“As a law officer, my answer would be that this is the prime reason. Another factor could be to allow him a decent period of time to implement his plans and policies”, replied the SG.“The idea is to give him some permanence, to ensure that he is not around for too short a period”, supplemented the Chief Justice.The SG added that so far as section 4B of the DSPE Act envisages the previous consent of the Selection Committee even where the Director is required to be transferred to take up a more important assignment, it was to prevent him from being “transferred at whims and fancies, for intravenous reasons”.“What is argued by (Senior Advocate Fali S. Nariman, appearing for CBI Director Alok Kumar Verma) is that ‘transfer’ means divesting the incumbent of his duties, which cannot surpass the mandate of section 4B. What Mr. Nariman did not argue is, ‘be fair! what is the problem in consulting the Selection Committee?’. If you want to adopt something contrary to the fixed tenure as contemplated in Vineet Narain, which has the effect of divesting the officer of his charge of the CBI, then be fair! it is better to consult than not to consult. The essence of every government action should be what is best in the interest of the institution. If there are two courses of action- one, which is acceptable, and another, which is more acceptable, then follow the latter. It is not about adherence to the law, it is about doing what is better...”“The CVC came to a conclusion that extraordinary circumstances have emerged where the incumbent need not be transferred because the allegations against him and the counter allegations are yet to be examined, but he cannot continue to operate in his post, which would defeat the purpose of inquiry. In this case, what happened was not ‘discharge’, it was lesser than a ‘transfer’”, urged Mr. Mehta.“The factors that prompted the CVC to take the decision of October 23 did not happen overnight. If you had tolerated them since July, then what the reason for this immediate action suddenly without which the institution would have crumbled and fallen?”, inquired the Chief Justice.That the situation warranted an emergent action was the SG’s response.Continuing, he drew the bench’s attention to Sections 4(1)(3) and 4A(3) of the DSPE, laying down that the officer placed by the Central government at the helm of the administration of the CBI shall be equivalent to the post of the Inspector-General of Police in context of the police force of a state and that such officer shall be chosen from a panel of IPS officers, to stress that the CBI Director continues to be a member of the IPS.“There is no difficulty in that. He doesn’t cease to be a member of the IPS”, conceded the Chief Justice.“So he continues to be subject to the IPS rules, except on two accounts as envisaged by Your Lordships in Vineet Narain and as intended by the Legislature- one, superannuation and two, transfer or deputation in the course of his fixed term of ...

CBI Vs CBI: What Prompted The Overnight Decision Against Alok Verma, Asks CJI?, SC Reserves Order

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CBI Vs CBI: What Prompted The Overnight Decision Against Alok Verma, Asks CJI?, SC Reserves Order

MEHAL JAIN

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