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CBI row: Supreme Court questions Centre’s hurry to transfer Alok Verma, reserves judgment

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Hearings over, the Supreme Court today (Thursday, Dec 6) reserved its judgment on CBI Director Alok Verma’s plea challenging Modi government’s October 24 order divesting him of all powers and sending him on leave.

The Centre had sent him on leave along with his deputy, special director Rakesh Asthana against whom the CBI had registered a corruption case, while he had levelled similar allegations against his boss.

While hearing the plea Thursday, the three-judge bench of Chief Justice of India Ranjan Gogoi and Justices SK Kaul and KM Joseph questioned the government’s sudden move on Oct 23-24 night when the circumstances leading to it had been present since July.

Chief Justice of India (CJI) Gogoi also asked senior advocate Fali Nariman whether the Supreme Court, if necessary, can appoint a CBI Director.

Nariman, appearing for Verma, thought for a moment before replying that the court could indeed do so in exercise of its “inherent powers” as the final interpreter of the Constitution.

Chief Justice Gogoi then quizzed Solicitor General Tushar Mehta, for the Central Vigilance Commission (CVC), about its tearing hurry to divest Verma overnight on October 23.

“The situation which prompted the CVC to take action against Alok Verma did not start overnight on October 23 (the day Verma was divested as CBI Director)… you (CVC) had tolerated him for two months… So what was it that required you to take a decision ‘overnight’ on October 23?” Chief Justice Gogoi asked Mehta.

“Extraordinary situations do need extraordinary remedies. CVC’s superintendence (over the CBI) encompasses “surprise, extraordinary situations”… Two senior most CBI officers (Verma and Asthana) had turned against each other. Instead of probing cases, they were raiding each other, registering FIRs against each other. They may tamper evidence. This was a surprise situation!” Mehta said.

The court persisted, asking why neither the CVC nor the government chose to take prior approval from the high-powered committee led by the Prime Minister before divesting Verma before the end of his two-year tenure.

The government and the CVC have vehemently argued that there was no need to consult the panel.

“The essence of every good government administration is to do what is acceptable. Now, if there are two options available before the government – one acceptable and the other more acceptable – what stopped you from taking the more acceptable option?” Chief Justice Gogoi asked them.

The court indicated the government and CVC were yet to come out with a reason for not consulting the panel.

“Alok Verma had two years’ tenure and was recommended by this committee. So if you wanted to divest him of something, why did you not consult the committee?” Chief Justice asked.

Mehta replied that had CVC not acted to contain the turmoil within the top CBI brass, it would have been held accountable for “dereliction of its duty” of superintendence over the CBI.

CJI Gogoi countered, “Section 4 of DSPE Act, which controls the CBI functioning, says CVC superintendence over CBI is restricted to probes in corruption cases. Can Section 8 of CVC Act go beyond Section 4 of DSPE Act?”

Mehta responded that the superintendence powers were “wide and plenary.”

Mehta told the court that it was incumbent upon the CVC to act with urgency against Verma because the “top officers of the CBI were investigating cases against each other” and “inaction (on part of the vigilance panel) would have been held as dereliction of duty”.

The Solicitor General said that the order to divest Verma (and also Rakesh Asthana) “was a reasoned one” and was “passed impartially”, adding that the CVC is answerable to the Executive and could have been made answerable to the Legislature “but I can only be answerable to Your Lordships if somebody comes and says to you that the CVC is not performing its functions.”

Mehta added that the decision to divest Verma of his charge was only an “interim measure” and did not amount to his transfer or suspension.

Responding to Nariman’s argument that ‘divestment’ of Verma amounted to his ‘transfer’ and this should not have been done without the prior approval of the panel, Mehta argued, “The word ‘transfer’ would mean a person is divested permanently from one place and invested permanently in an equivalent position in another place… On October 23, considering the seriousness of the allegations, we decided to do something (divestment) which was less than a transfer.”

He said unlike a transfer, divestment has no finality. “Here they (Verma and Asthana) have been asked to keep away from the office till CVC/government takes a call on them,” Mehta submitted.

Concluding his arguments, Mehta told the court that the CVC annual report was full of instances where the panel had taken action against CBI officials, adding that the decision against Verma wasn’t the first of its kind.

Attorney General KK Venugopal, who had concluded his arguments on behalf of the Centre during the proceedings on Wednesday, made some additional contentions after Mehta’s submissions. Responding to the Chief Justice’s slew of questions to Mehta on why the selection committee was not consulted before the decision was taken against Verma, Venugopal said that even if the matter had first been referred to the selection panel, its response would have been “this is not a transfer matter, so why place it before us.” The Attorney General said that Verma’s claim that the action against him was akin to a transfer was based on a “highly artificial” premise.

With submissions of all those opposing Verma’s petition over, his counsel, senior advocate Fali Nariman, began his rejoinder to the arguments placed before the bench.

Nariman rejected the contention of the respondents that the action against Verma did not amount to his transfer and that he continues to be the investigation agency’s chief. Arguing that transfer must not just mean sending an officer from one place to the other, Nariman said that a two-year tenure means that the incumbent must continue to have powers of the agency’s chief and “not just a visiting card and title.”

Nariman said that in the extant case, transfer should not be construed in its literal, ordinary sense, adding that “there is a law dictionary and an English dictionary… this matter is not about pay, perks and facilities as pointed out by the respondents (the Centre and the CVC)… what is the point if I am not allowed to perform my duties but have a two year tenure?”

Verma’s counsel said that the CBI director had been replaced by an interim chief in M Nageswara Rao. Nariman said that soon after Rao took over, he transferred a slew of officers who were probing Asthana. The senior advocate said that since all responsibilities of Verma as the CBI director had evidently been taken over by Rao, the Centre’s decision to send Verma on leave should be seen as a transfer order.

There can’t be an acting Chief Justice of India and likewise there can’t be an acting director of the CBI,” Nariman submitted.

Senior advocate Dushyant Dave, appearing for an NGO that has sought reversal of the Centre’s order, made similar submissions and insisted that while the CVC is mandated under law to have superintendence over the CBI in cases registered under the Prevention of Corruption Act, it could not replace the CBI director.

Dave said that the mechanism of a selection committee to appoint the CBI director was a safeguard given by law and that the Parliament had not imagined that such a situation that arose in Verma’s case (where the CBI director and special director were involved in a public spat) and that the submissions made by the respondents – the Centre and the CVC – portrayed a dichotomy wherein each of them was claiming to have the power to divest the CBI chief of his charge.

Slamming the CVC, Dave told the court that the vigilance panel adopted different standards on similar facts while acting against Verma and Asthana. “The CVC rubbished the allegations against Asthana at the time of his appointment and said they can’t be acted upon unless proved. But in case of Verma, they acted promptly, without waiting for allegations to be proved,” Dave said, adding that the CVC must be scrupulously objective at all times.

Countering Attorney General KK Venugopal’s argument that the selection panel for the CBI director becomes redundant once the appointment has been made, Dave said: “the Attorney General submitted that the committee became functus officio but my submission is that it is the government that has become functus officio (with regard to appointment and transfer of the CBI director), in light of Section 4 (1) of the DSPE Act once the CBI chief is appointed.”

“You may call it (the action against Verma) suspension or transfer but the fact remains that the post of the CBI director is untouchable in the absence of a reference or approval of the selection committee,” Dave said, adding that there was “no exigency for the respondent to pass such an order at 2 hours past midnight… there is much more than meets the eye… Verma was being stopped from doing something.”

Senior advocate Kapil Sibal, appearing for Congress leader Mallikarjun Kharge, who is a member of the selection committee also comprising of the Prime Minister and Chief Justice of India, told the bench that if the arguments of the respondents are accepted then it would amount to giving unbridled powers to the Centre vis-à-vis the CBI chief’s appointment and effectively nullify the top court’s landmark Vineet Narain verdict.

The court also heard submissions by senior advocate Rajeev Dhavan, appearing for CBI officer AK Bassi who has challenged his transfer to Port Blair soon after the government divested Verma of his charge.

Bassi was heading the SIT constituted by Verma to investigate six cases of corruption against Rakesh Asthana. However, hours after M Nageswara Rao replaced Verma as the interim CBI chief, he transferred Bassi and all other members of the SIT probing Asthana, out of Delhi. Dhavan, however, limited his submissions on the action against Verma, stating that the Centre’s decision had turned the CBI upside down.

With arguments and rejoinders concluded, the bench reserved its order on Verma’s petition.

Verma’s two year term as CBI director is due to end on January 18. It now remains to be seen whether the Supreme Court reverses the Centre’s decision to divest Verma of his charge, and if it does, will Verma return to his job with a vengeance, expediting ongoing probes against Asthana and other sensitive cases, including one into the Rafale deal, which he was looking into when the Centre abruptly sent him on leave.

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BSP chief Mayawati names nephew Akash Anand as party in-charge

According to the party’s official statement, Mayawati called upon the party workers to increase the BSP’s support base for the Lok Sabha elections to liberate the poor, backward and deprived sections from the exploitative system of vote hamara, raj tumhara.

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BSP chief Mayawati on Sunday declared her nephew Akash Anand as her uttaradikari (heir). Udayveer Singh, the BSP’s Shahjahanpur district unit chief said Akash Anand has been declared the uttaradhikari by Mayawatiji. He said Anand has been given the responsibility to strtengthen the party organization all over India except Uttar Pradesh.

The party’s official statement did not include any such decision. Singh said Mayawati announced the decision during a meeting in the district that was attended by party leaders from all over India. Mayawati said  Anand will be her heir after her.

Confirming the development, BSP MLC Bhim Rao Ambedkar said. The party has got a youth leader in Akash Anand. He said in states where the party is weak, Anand will be strengthening it. He added BSP’s mission will continue. Asked about Anand becoming Mayawati’s successor, the BSP’s state unit chief Vishwanath Pal said Pura Bahujan samaj Khush hai. Anand is party’s national coordinator at present.

According to the party’s official statement, Mayawati called upon the party workers to increase the BSP’s support base for the Lok Sabha elections to liberate the poor, backward and deprived sections from the exploitative system of vote hamara, raj tumhara.

Mayawati gave detailed guidelines to senior office bearers of various states regarding preparations for the general elections. She said as an Ambedkarite party, the BSP’s effort is to develop the political power of the Bahujan Samaj by connecting various sections of the Bahujan community on the basis of mutual brotherhood. She said the objective is to acquire the master key of power.

She called upon the party workers to strengthen the organization with double effort to properly face opposition parties, which mostly survive in politics through money power, attractive promises and deceitful claims instead of policy and principles for the public and national interest.

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Watch: Telangana CM Revanth Reddy meets former CM K Chandrasekhar Rao in hospital

After interacting with Rao for a few moments the CM left the premises.Revanth Reddy took to X(formerly Twitter) and wrote visited former chief minister Kalvakuntla Chandrasekhar Rao, who was on rest, and inquired about his well being.

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Telangana chief minister Revanth Reddy on Sunday met with former CM and Bharat Rashtra Samithi (BRS) supremo K Chandrasekhar Rao who was admitted to hospital following a fall recently. In a video circulating on social media Reddy wearing a mask is seen speaking to Rao as the latter also tries interacting with him. Reddy is accompanied by a few men. One can also see the doctor standing beside Rao as Reddy speaks to him.

After interacting with Rao for a few moments the CM left the premises.Revanth Reddy took to X(formerly Twitter) and wrote visited former chief minister Kalvakuntla Chandrasekhar Rao, who was on rest, and inquired about his well being. Reddy also shared a picture of him along with the BRS supremo.

Former chief minister Chandrasekhar Rao was admitted to the Yashoda Hospital in Hyderabad after he fell in his farmhouse in Erravalli. Rao’s son and Bharat Rashtra Samithi leader KT Rama Rao said KCR suffered a fracture following the fall. Chandrasekhar Rao also underwent hip replacement surgery after his admission to the hospital.

The Hospital said in a statement Kalvakuntla Chandrashekhar Rao Garu had a slip and fall in his bathroom at his residence and was subsequently brought to Yashoda hospital for further care. On evaluation including CT scans he was found to have hip fracture. He would require left hip replacement for the same and the usual course of recovery for such cases is expected to be six to eight weeks.

On direction of Telangana CM Revanth Reddy earlier, the secretary of Health, Medical and family welfare department in Telangana visited Yashoda hospital to inquire about the health of former CM K Chandrasekhar Rao. PM Modi took to X(Formerly Twitter) and wrote that he is distressed to know that former Telangana CM KCR Garu has suffered an injury. He prayed for his speedy recovery and good health

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BJP names Vishnu Deo Sai as new chief minister of Chhattisgarh

In the Chhattisgarh assembly elections, Sai won from the Kunkuri Tribal seat with a margin of over 25000 votes. The BJP won 54 seats in Chhattisgarh, the Congress trailed behind with only 35 seats.   

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Vishnu Deo Sai, the former Chhattisgarh BJP president, will be the new chief minister of the state. The BJP had been in a huddle over the chief ministerial name since it scored a comfortable victory in Chhattisgarh, refuting election polls that predicted a tough fight with the Congress. Sai’s name was being counted among the frontrunners, along with former chief minister Raman Singh.

Sai had been the state president of the BJP between 2020 and 2022.He was the union minister of state for steel in Prime Minister Narendra Modi’s first term. He was also the Lok Sabha member from the BJP representing Chhattisgarh’s Raipur constituency. He is a member of BJP’s national working committee.

After the formation of the Congress government in 2018, when the BJP restructured its organization, Vishnu Deo Sai was appointed as the state president of BJP. In 2022, Arun Sao replaced Sai as the party’s state unit chief. Vishnu Deo Sai has been unanimously chosen as the leader of the legislative assembly. BJP Leader OP Chaudhary said the BJP will take the state forward under his leadership. He said they will fulfill the responsibilities decided by the party. He said the BJP will give their 100% under the leadership of Vishnu Deo Sai.

Sai began his political career as a panchayat leader. He later remained a member of the Madhya Pradesh assembly between 1990 and 98. In 1999, he was elected to the 13th Lok Sabha. He was later re-elected to the subsequent Lok Sabhas from Raipur. With his appointment as the chief Minister, the BJP eyes the sizable tribal votes in the state for the 2024 Lok Sabha elections. In the Chhattisgarh assembly elections, Sai won from the Kunkuri Tribal seat with a margin of over 25000 votes. The BJP won 54 seats in Chhattisgarh, the Congress trailed behind with only 35 seats.   

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