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SC orders CVC to complete probe against Alok Verma within two weeks

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SC orders CVC to complete probe against Alok Verma within two weeks

Interim CBI chief M Nageshwar Rao restrained from any policy decisions w.e.f. the day he took charge

Without going into the legality or otherwise of government’s decision to divest CBI Director Alok Verma of his powers and send him on compulsory leave, the Supreme Court today ordered the Chief Vigilance Commission (CVC) to complete any enquiry against him within two weeks.

The CVC probe will be monitored by retired Supreme Court judge, Justice AK Patnaik,

The Supreme Court bench of Chief Justice Ranjan Gogoi, SK Kaul and KM Joseph was hearing a plea filed by Verma challenging the Centre’s decision to send him on leave and appoint CBI joint director M Nageshwar Rao as the agency’s interim chief.

The top court also restrained interim CBI director M Nageshwar Rao from taking any policy decisions. He will only look after the functioning of the agency, the court ruled.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, according to media reports.

Rao had, within hours of taking charge as the interim chief,transferred a number of officers in CBI, posting out all officers investigating corruption cases against controversial CBI special director Rakesh Asthana and replacing them with officers seen close to Asthanato carry out the investigations pending against him in six corruption cases.

Asthana is a 1984-batch Gujarat cadre officer known for his proximity to Prime Minister Narendra Modi and BJP president Amit Shah.

There has been a running feud between Verma and Asthana, with Verma questioning the decision to appoint Asthana to CBI, citing corruption cases, two years ago. The government was, thus, aware of the problem. Asthana had also complained to CVC about Verma, accusing him of corruption.

As the CBI under Verma carried on with case against Asthana, it filed a FIR on October 15, special director Rakesh Asthana and Deputy Superintendent of Police Devender Kumar, in a Rs 3 crore bribery case linked with controversial meat exporter Moin Qureshi.Kumar was arrested and both he and Asthana challenged the FIR in Delhi High Court.

The government finally woke up on Tuesday when Verma relieved Asthana of his responsibilities. In an overnight action, a move that has invited speculation as well as criticism, the government, in the wee hours of Wednesday, divested Verma of hs powers and sent both him and Asthana on compulsory leave and appointed CBI joint director M Nageshwar Rao as interim director.

Verma challenged the decision stating that the CBI director is, by law and Supreme Court’s directives, granted a fixed two-year tenure and cannot be transferred before this term unless the collegium responsible for his appointment – the Prime Minister, Chief Justice of India and Leader of Opposition – carry out a full scale enquiry to justify the transfer. Verma also told the top court that his ouster was the result of certain investigations being carried out by the CBI, including those against Asthana, which had the potential of putting high officials of the Narendra Modi government in the dock.

The Centre defended its decision of sending Verma and Asthana arguing that their factional feud had reached its peak and could tarnish the reputation and credibility of the premier investigating agency.

On Friday, while the court of Chief Justice Ranjan Gogoi was hearing Verma’s petition, the CBI chief’s counsel, senior advocate Fali Nariman, argued that the Centre’s decision to send him on leave was a violation of the DSPE Act that grants the agency’s director a secured two-year term. Verma’s term was to end on January 18 next year.

The CJI then said that the CVC should conduct an enquiry on the charges against Verma (the Centre has alleged that Verma was not cooperating with the CVC in certain cases involving CBI officials while Asthana has accused the CBI chief, in a complaint to the CVC, linking him to bribery case) within 10 days and that the probe will be monitored by a Supreme Court-appointed judge.

However, Solicitor General Tushar Mehta urged the court to grant the CVC more time to complete the enquiry, stating that 10 days was too little time.

The CJI initially joked that the court could instead give 240 hours to the CVC to finish its probe. Later, it said that the CVC must finish the enquiry within two weeks and that the interim CBI chief would, during this period, be retrained from taking any policy decisions. The court also said that in case there are essential decisions to be taken by the interim chief, a list of all such decisions and the reasons that compelled them must be maintained for possible perusal by the court, if needed.

The top court will hear Verma’s petition on November 25 now. On that day, the court could also hear a similar petition filed by Asthana challenging the Centre’s decision of sending him on leave and another petition filed by NGO Common Cause that highlights instances of government interference in the CBI’s functioning. The top court refused to hear Asthana’s petition on Friday stating that it had not received the relevant documents related to the case.

As for the question of whether the government has the power to divest the CBI Director of his powers and send him on compulsory leave, in effect removing him, the CBI Director Verma’s legal team said the SC bench will take go into it later.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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