New Delhi: The Supreme Court order barring Alok Verma from taking “major policy decisions” doesn’t mean the newly reinstated CBI chief cannot carry out investigations or file chargesheets as these do not fall under the purview of ‘policy’, a former agency director told News18.
A three-judge bench led by Chief Justice of India Ranjan Gogoi on Tuesday set aside the government decision to send Verma on leave. The court, however, said Verma cannot take any major policy decision till he is cleared by the high-powered committee which selects and appoints the agency director.
“… Further, we make it explicit that the role of the petitioner Shri Alok Kumar Verma as the director of the CBI during the interregnum and in terms of this order will only be confined to the routine functions, without any fresh initiative, having no major policy are institutional implications,” the order said.
The court said a meeting of the committee, which comprises the Prime Minister, Leader of Opposition and the CJI, will be called this week to take a decision on the basis of the Central Vigilance Commission’s report on the inquiry into corruption allegations against Verma.
One of Verma’s predecessor, however, says the caveat won’t stop the CBI chief from carrying out investigations.
Speaking to News18 on condition of anonymity, a former CBI director said the decisions of the agency head are divided into three categories -- administrative, investigative and policy-related. “Policy decisions are like the ones where the CBI would decide, for example, that they would not entertain cases under Prevention of Money Laundering Act (PMLA) anymore or create a ‘fraud cell’ within the CBI. This is a policy decision.”
The former CBI chief also stated that filing chargesheets and FIRs, overseeing an investigation or ordering transfers of officers are in no way policy decisions and, hence, “Verma is extremely capable to take such decisions.”
Interim director Nageswara Rao, whose appointment was quashed by the Supreme Court on Tuesday, had also been restrained from taking any major policy decision till the court decided on Verma’s plea.
On November 28, the top court had stated that its order restraining Rao from taking any policy decision does not mean that the agency would stop investigating the cases. This means that Verma would not have any bar to investigate cases that he was handling before being stripped of THE responsibilities by the government.
Rao had even ordered the transfer of CBI Joint Director V Murugesan, who was leading the investigation into corruption allegations against CBI special director Rakesh Asthana, to probe coal scam cases.
However, minutes after Murugesan’s transfer was reported, the CBI issued a fresh order, stating that he would continue to be in-charge of the probe against Asthana.
Verma and Asthana were both sent on leave on October 23 amid a bitter feud between the CBI's top two as they levelled corruption charges against each other.
Verma challenged the move saying it went against the rules that mandate that the CBI chief has a fixed two-year term in office. The government argued that it had no option but to send both officers on leave since they were fighting like "kilkenny cats".
The Congress has alleged that Verma was sent on leave as he had taken up investigation into the controversial Rafale fighter jets deal, a charge rejected by the government.
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