CBI vs CBI: Rakesh Asthana repeatedly created hurdles, Alok Verma tells SC

Verma said that the present actions give serious credence to the requirement that the CBI be given independence from the DoPT.

NEW DELHI: Central Bureau of Investigation Director Alok Verma who has been sent on leave pending a probe, on Wednesday urged the Supreme Court to stay the order against him. He also alleged that ever since Rakesh Asthana was appointed as CBI Special Director, the latter had been trying to create hindrances.

"As is customary within the CBI, whenever investigations are carried on, decisions regarding the direction of the investigation are taken by the Investigating Officer and then approved at all levels right up to the Director CBI. After the appointment of Rakesh Asthana IPS as Special Director, CBI despite the pendency of cases against him and the reservations in this regard expressed by the Petitioner, decisions that were crucial to the progress of certain investigations were stymied by Mr Asthana alone. Many of these concerned very sensitive cases including those monitored by this Hon'ble Court,"  

"As this individual was also found to have concocted evidence to impugn the reputation of the Petitioner, the CBI registered a case against him and the same came to be challenged before the High Court of Delhi as recently as 23rd October 2018. 

In his plea, the CBI chief said that on the same day, "three rapid fire decisions were taken". The decisions included divesting Verma of his duties, the appointment of M Nageshwar Rao as interim Director CBI with immediate effect. He said that since none of the above decisions were taken after consulting the High powered Committee, it violates the statutory tenure secured by law. 

Seeking a stay on the order of him being sent on leave, Verma said that Section 4-13 of the DSPE Act, 1946 statutorily secures the two year period of the Director's tenure notwithstanding anything to the contrary. He said that the mandate in to secure the independence of the CBI which gas now been violated by the impugned orders. 

He quoted the court's earlier observations in which they have said that the CBI ought to be insulated from the government, and stated that the present actions give serious credence to the requirement that the CBI be given independence from the DoPT which 'seriously hinders the independent functioning of the institution'.