SC verdict itself sealed Alok Verma''s fate

Satya Prakash
Tribune News Service
New Delhi, January 10

Two days after the Supreme Court ordered reinstatement Alok Verma as CBI Director; he has been unceremoniously removed from the post and posted as Director General of Fire Services, Civil Defence and Home Guards.

The decision taken by a high-powered committee comprising Prime Minister Narendra Modi, Supreme Court Judge AK Sikri as CJI's nominee and Congress leader in the Lok Sabha Mallikarjun Kharge on Thursday has surprised many.

But those who read the Supreme Court's January 8 verdict meticulously had kept their fingers crossed as Verma had not been given him a clean chit. His fate had already been sealed by the top court, which had also perused certain confidential documents submitted by the Centre, which were not shared with Verma's counsel.

The reinstatement order was rather based on legal technicalities. A three-judge Bench headed by Chief Justice of India Ranjan Gogoi had held that neither the Central Vigilance Commission (CVC) nor the Department of Personnel and Training (DoPT) had powers to remove or transfer the CBI Director. It had given a broader meaning to the expression "transfer" and accordingly set aside the October 23, 2018 orders of the CVC and DoPT divesting Verma of his powers, sending him on leave and appointing M Nageswar Rao as Interim CBI Director.

The Bench had also ruled that the power to take such a decision under the amended Delhi Special Police Establishment Act vested only in the selection panel comprising PM, CJI and leader of largest single opposition party in the Lok Sabha. It had asked the high-powered committee to decide Verma's fate within a week.

What's important is that in its interim report submitted to the top court of its probe against Verma conducted under the supervision of former top court judge AK Patnaik, the CVC had recorded certain adverse findings against him and the CJI had talked about it in the open court.

It's an irony of sorts that Kharge - who had opposed Verma's appointment as CBI Director in January 2017 -- gave a dissent note against the decision to remove him from the coveted post.