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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 says Sunita Kejriwal is preparing to hold Delhi CM post like Rabri Devi

The Union Minister was speaking to the media during the inauguration of Delhi BJP’s election office along with leaders including Delhi BJP Chief Virendra Sachdeva and Bansuri Swaraj.

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Union Minister Hardeep Singh Puri on Friday compared Delhi Chief Minister Arvind Kejriwal’s wife and former Bihar chief minister Rabri Devi, hinting that she may be gearing up to take on her husband’s post. The Union Minister was speaking to the media during the inauguration of Delhi BJP’s election office.

The BJP leader further took a dig at Delhi Chief Minister for forming an alliance with the most corrupt party against whom they had started an anti-corruption movement with social activist Anna Hazare. The minister made the statement in response to a question regarding Sunita Kejriwal, who earlier today launched a whatsapp campaign advocating for support for her husband, who is in ED custody in connection with the Excise policy case.

In a video Sunita Kejriwal said her husband has challenged the most corrupt and dictatorial forces in the country and asked people to support her husband through their prayers and blessings. She issued 2 WhatsApp numbers 8297324624 and 9700297002 through which people can send their blessings, prayers or any other messages to the Aam Aadmi Party (AAP) supremo and she will communicate those to him.

She said yesterday Kejriwal had presented his side in the court, and the entire country heard it. She requested the people to listen to it if they had not listened till now. She added whatever Kejriwal had said in front of the court required a lot of courage. She said her husband is a true patriot. She requested the people to participate in the Kejriwal ko Aashirwad campaign.

BJP leader Manoj Tiwari also took a dig at Aam Aami Party asking why only Kejriwal’s wife is coming out in his support, and not the people of Delhi. He said the Honorable Justice of High Court said they cannot stop Arvind Kejriwals’ arrest that they are surprised why he hasn’t been arrested yet?

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Lok Sabha elections: INDIA bloc in Bihar seals seat-sharing deal, Congress get 9 seats, RJD 26

Purnea and Katihar, currently held by the Janata Dal (United), had emerged as the sticking point in seat-sharing talks between the Rashtriya Janata Dal (RJD) and the Congress for the 40 Lok Sabha seats in Bihar.

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The Opposition INDIA bloc sealed the seat-sharing deal in Bihar for 2024 Lok Sabha elections. The Mahagathbandhan’s largest constituent, RJD will field its candidates from 26 seats, including Purnea and Hajipur, while the Congress will contest on nine seats, including Kishanganj and Patna Sahib. Meanwhile, the Left will fight on five seats.

Purnea and Katihar, currently held by the Janata Dal (United), had emerged as the sticking point in seat-sharing talks between the Rashtriya Janata Dal (RJD) and the Congress for the 40 Lok Sabha seats in Bihar.

Reportedly, the Congress has been made to give up the Purnea Lok Sabha seat, which recent entrant Pappu Yadav, husband of Rajya Sabha MP Ranjeet Ranjan, was hoping to contest, mentioning that he had received assurance of Congress ticket from Rahul Gandhi and Priyanka Gandhi.

The seat will be contested by RJD, which recently gave the party ticket to JD(U) turncoat Bima Bharti, but stopped short of announcing it formally. The INDIA bloc seat-sharing announcement comes a day after the filing of nomination papers for the first phase of Lok Sabha polls was over. The RJD has fielded its candidates in all four seats going to elections in the first phase.

Earlier, Tejashwi Yadav attended an INDIA bloc meeting regarding Bihar’s seat-sharing formula at Congress leader Mukul Wasnik’s residence and said that the RJD, the Congress and the Left will fight the Lok Sabha elections together in Bihar. He added that the INDIA bloc partners have agreed verbally on the seat-sharing arrangement and all the constituents are getting a respectable deal. Tejashwi Yadav’s remarks came amid reports of disquiet in the Indian National Developmental Inclusive Alliance in Bihar over seat sharing.

In the previous Lok Sabha elections, the National Democratic Alliance, including the BJP, JD(U) and LJP won 39 seats. The first phase of the Lok Sabha elections is scheduled for April 19.

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Tax terrorism has to stop, says Congress after Income Tax Department issues fresh Rs 1,700 crore notice

The Congress has accused the BJP of squeezing it financially and of using tax authorities against it ahead of Lok Sabha elections beginning April 19.

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Ahead of the Lok Sabha election, the Congress’ financial woes worsened once again with the Income Tax Department issuing a fresh Rs 1,700 crore notice. The tax department issued the notice due to discrepancies in tax returns. 

The fresh notice is for assessment years 2017-18 to 2020-21 and includes penalty and interest. This comes a day after the Delhi High Court dismissed the party’s petition challenging the tax notices. 

The opposition party is already facing a funds crunch after Income Tax authorities imposed a penalty of Rs 200 crore and froze its funds. Furthermore, the party has not received any relief from the High Court in the case and is likely to approach the Supreme Court. The Congress has accused the BJP of squeezing it financially and of using tax authorities against it ahead of Lok Sabha elections beginning April 19.

Addressing a press conference, Congress MP Jairam Ramesh said that the notices are being sent to cripple the party financially. Calling the action as tax terrorism, Jairam Ramesh said that this attack on Congress has to stop.

Earlier in February, the Income Tax department had found fault in the party’s tax returns and demanded Rs 200 crore. Subsequently, the Income Tax Appellate Tribunal (ITAT) had asked the party to pay the dues and froze their accounts. The Congress stated the tax tribunal’s order freezing its funds was an attack on democracy as the order came just ahead of the Lok Sabha elections.

AICC general secretary K C Venugopal stated that this is a deliberate attempt by the Narendra Modi-led to bankrupt the Congress ahead of elections. He mentioned that the timing of the penalty notice, following the Delhi High Court’s dismissal of Congress petitions challenging tax reassessment proceedings, reeks of political vendetta.

He underlined that while political parties are typically exempt from taxes, this penalty is allegedly due to delayed filing of returns. He asserted that it is a blatant move by the Modi government to cripple the Congress financially, especially during the elections. He further asserted that in response to the notice, the Congress plans to stage a nationwide protest, condemning BJP’s exploitation of central agencies to target opposition parties. 

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