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CBI imbroglio: Supreme Court reinstates Alok Verma as CBI chief, with conditions

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Tuesday, Jan 8) set aside Narendra Modi government’s post-midnight order of Oct 23 divesting Alok Verma of his charge to act as head of the CBI.

The apex court observed that the government should have referred to the Select Committee consisting of the Chief Justice of India (CJI), Prime Minister and Leader of Opposition to initiate Alok Verma’s removal and directed the High Power Committee under DSPE Act to act within a week to consider Verma case.

Alok Verma can go back to his office now but cannot take any major policy decisions till the High Powered Committee decides on his status.

The judgment on Tuesday was penned by CJI Ranjan Gogoi. However, the CJI didn’t attend the court and the judgment was pronounced by Justices SK Kaul and KM Joseph.

The Supreme Court said it was quashing the order sending him on leave since the government had no authority to take action against the CBI Director. The only institution that can take any action against a CBI director is the special committee that appoints the director, the Supreme Court ruled today. “The legislative intent of insulating the CBI director is manifest,” said the three judges who set aside the government’s move unanimously.

The decision comes just 23 days before Verma’s tenure as CBI Director comes to an end: his term ends on January 31.

Verma had filed a plea against the Centre’s decision to divest him of powers and sending him on leave.

The Centre had also sent CBI’s Special Director Rakesh Asthana on leave and appointed CBI‘s Joint Director M Nageswara Rao, a 1986 batch Odisha-cadre IPS officer as interim director. Nageswar Rao took charge and signed off on the transfer of half-a-dozen officers on Verma’s team.

In its verdict, the Supreme Court has observed that the procedure to remove an incumbent CBI director has been set out in law. “If there was intent to specify interim measures for Director CBI then the legislation would have contained the provision,” the Supreme Court observed, referring to the government appointing M Nageshwar Rao as interim CBI chief.

Asthana remains on forced leave. There is also no decision on the transfers ordered by Nageswar Rao.

The public spat between the two top officers of India’s premier investigative agency witnessed a lot of mudslinging with both levelling allegations of corruption against each other.

Verma had sought quashing of three orders of October 23, 2018 — one by the Central Vigilance Commission (CVC) and two by the Department of Personnel and Training (DoPT), as being without jurisdiction and in violation of Articles 14, 19 and 21 of the Constitution.

The Centre had justified its decision to divest Verma of his duties and sending him on leave before the apex court saying he and Asthana were fighting like “Kilkenny cats”, exposing the country’s premier investigating agency to “public ridicule”.

On December 6, after hearing arguments on behalf of Verma, the Centre, the CVC and others, a bench headed by Chief Justice Ranjan Gogoi had reserved the judgement.

Political reactions

In the charged political atmosphere in view of 2019 Lok Sabha elections due after a couple of months, the verdict was seen as a setback to the Narendra Modi government which has been accused of manipulating CBI and the country’s other investigative agencies to promote its political interests and harass its rivals.

Finance Minister Arun Jaitley defended the government’s action of sending the two senior officers of the CBI on leave and took the plea that it was done on the recommendation of the CVC (Central Vigilance Commission). “This action was taken perfectly bonafide as there were cross-allegations made by both the officers, and in accordance with recommendations of the CVC. The government felt that in the larger interest of fair and impartial investigation and credibility of CBI, the two officers must recuse themselves,” Jaitley told reporters outside Parliament.

Opposition projected the judgement as vindication of their criticism that the government was behaving arbitrarily.

The Congress, which alleges that Verma was removed because he intended to launch a probe into the Rafale jet deal, said, “We welcome the Supreme Court’s verdict lambasting the government against their illegal removal of Alok Verma as CBI Director.”

Congress leader Mallikarjun Kharge said the verdict is a lesson for the government. “We’re not against one individual, welcome SC’s judgement, it’s a lesson for govt. Today you’ll use these agencies to pressurise people, tomorrow somebody else will, What will happen to democracy then?” he told reporters, reported news agency ANI

Congress leader Randeep Singh Surjewala said Narendra Modi is the first prime minister to have “his illegal orders set aside by the Supreme Court.”

“Modiji adds another 1st to his list. After being the first PM to be exposed destroying the #CBI before the SC, After having ruined CVC’s credibility (requiring supervision by former SC judge),Mr. Modi has now become 1st PM to have his illegal orders set aside by the SC,” he tweeted.

“Let this be a lesson to you about the strength of our democracy and the Constitution. Let this be a lesson that howsoever despotic u may be, law catches up in the end,” he added.

Arvind Kejriwal tweeted that the court ruling was a “direct indictment” of Prime Minister Narendra Modi.

He also accused Modi government of “ruining all institutions and democracy” in the country.  “Wasn’t CBI director illegally removed at midnight to stall the probe in Rafale scam which directly leads to PM himself?” he tweeted

PDP leader Mehbooba Mufti said it was time for Centre to stop arm-twisting agencies.[/vc_column_text][/vc_column][/vc_row]

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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