Bihar Shelter Homes: M Nageswara Rao tenders “unconditional apology” to Supreme Court

Former Interim Director of the Central Bureau of Investigation (CBI) M Nageswara Rao has tendered an unconditional apology to the Supreme Court in the case concerning Bihar Shelter Homes..Investigating Officer AK Sharma, who was probing the incidents of sexual abuse in sixteen Shelter Homes in Bihar, was transferred from the CBI to the Central Police Reserve Force (CRPF) on Rao’s orders..This transfer order was made despite the Supreme Court imposing an embargo on the transfer of any of the members of the investigating team..On the last date of hearing, the Supreme Court had not only sought replies from Rao and other officers involved in transferring AK Sharma, but had also directed them to be personally present before the Court on the next date of hearing on February 12..“You have played with the orders of this Court”, SC seeks personal presence of M Nageshwar Rao.Rao, who is now the Additional Director of the CBI, has tendered an “unconditional and unqualified” apology for his actions. In his affidavit, Rao states,.“I have perused the order dated 07.02.2019 passed by this Hon’ble Court, and I sincerely realize my mistake and while tendering my unqualified and unconditional apology, specifically state that I have not willfully violated the orders of this Hon’ble Court, as I cannot even dream of violating or circumventing the order of this Hon’ble Court, and admit that in view of the Orders dated 31.10.2018 and 28.11.2018 passed by this Hon’ble Court earlier, I ought not have agreed with the legal advice for relieving Mr. AK Sharma even on his promotion without prior approval of this Hon’ble Court.”.From a reading of the affidavit, it looks like Nageswara Rao had sought the legal opinion of his Additional Legal Advisor, S Bhasuran before issuing the transfer order of AK Sharma. Bhasuran has also tendered his unconditional apology to the Supreme Court. His affidavit states:.“…I am the only serving Additional legal Adviser (ALA) currently working in the CBI, despite there being 8 sanctioned posts of ALA. I am also currently attending to the work of the Director of Prosecution, CBI after the retirement of the earlier incumbent holding that post. As such, perhaps, on account of the pressure of work, there was a lapse and error of judgment on my part as I did not correctly appreciate the purport of the orders of this Hon’ble Court…“.In the previous hearing, Chief Justice of India Ranjan Gogoi had said that the transfer was “prima facie contempt of Court”. In this regard, Rao states that his intention was not to undermine the majesty of the Supreme Court, and that the action was not made with any “deliberate or disobedient” intention..Read the Affidavit of M Nageswara Rao:.Read the affidavit filed by S Bhasuran: