Alok Verma – CBI: Battery of Senior Advocates appear, SC allows Verma to respond to CVC report

It was another gripping but brief hearing today in the petition filed by Central Bureau of Investigation (CBI) Director Alok Verma, challenging the direction of the Central government to place him on leave..A battery of Senior Advocates appeared for various parties before the Supreme Court Bench of Chief Justice of India Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph..Senior Advocate Fali Nariman appeared for Alok Verma, while Senior Advocate Dushyant Dave appeared for NGO Common Cause..AK Bassi was represented by Senior Advocate Rajeev Dhavan..Attorney General KK Venugopal appeared for the Central government, and Solicitor General Tushar Mehta represented the Central Vigilance Commission (CVC)..Senior Advocate Mukul Rohatgi sought permission to make arguments on behalf of Rakesh Asthana, but was disallowed since he is not a party to the case..The Bench, after hearing the parties, directed that a copy of the CVC report be served on Alok Verma so that he can respond to it..The Court also said that as per the report, some charges leveled against Verma need to be probed..Below is a detailed account of the hearing.CVC Report.The Bench began by stating that Justice AK Patnaik and the CVC have filed reports pursuant to the order of the Court..“The report is very complimentary on some charges, not so complimentary on some charges, very uncomplimentary on some charges against him and require further inquiry on some charges. It is a very exhaustive report”, CJI Gogoi told Fali Nariman..The CJI suggested to Nariman that a copy of the CVC report be provided to him so that he can respond to the same..“We will give CVC report to you in sealed cover whereupon you can file your response and the Court can then take a decision.”.On M Nageshwar Rao.The Court also said that no details have been submitted setting out the important decisions taken by interim Director M Nageshwar Rao..“We will presume he has not taken any major decision”, CJI Gogoi said..CVC report not given to its own lawyer.An interesting episode during the hearing was when Solicitor General Tushar Mehta, appearing for the CVC, said that he needs a copy of the CVC report..“Who are you?”, asked CJI Gogoi..“I am the CVC”, said Mehta..“You are the author of the report and you don’t have a copy of the report”, asked Gogoi J..Mehta then clarified that he has not received a copy of the report in his capacity as a lawyer..Mukul Rohatgi for Rakesh Asthana.Senior Advocate Mukul Rohatgi appearing for Rakesh Asthana sought permission to argue..The Court, however, refused since he is not a party to the case..Rajeev Dhavan for AK Bassi.Dhavan argued against the transfer of CBI officer AK Bassi. Bassi who was probing allegations against Rakesh Asthana has been transferred to Port Blair..“Where have you been transferred to?”, CJI Gogoi..“Port Blair”, Rajeev Dhavan..“It is a good place to go to”, CJI Gogoi..Kapil Sibal for Mallikarjun Kharge.Kharge, the Leader of the Opposition, had moved the Supreme Court stating that Centre is not empowered to unilaterally decide on appointment and removal of CBI Director..It is his contention that only the Committee of the Prime Minister, Leader of Opposition and Chief Justice of India is empowered to take a decision in this regard..The Court did not pass any order with regard to Kharge’s prayer, but said that it would hear him on Tuesday next week..Order.The Court ordered that a copy of the CVC report be served on the counsel for Alok Verma, who will have to file his response to the same in a sealed cover by Monday at 1 pm..“We have perused the report of the CVC. We are of the view that, at this stage, and before taking any decision thereon a copy of the report of the CVC (along with Annexures thereto) should be furnished by the Registry of this Court, in sealed cover, to the learned counsel appearing for the petitioner – Alok Kumar Verma in Writ Petition (Civil) No.1309 of 2018. We order accordingly. It will be open for the petitioner – Alok Kumar Verma in Writ Petition (Civil) No.1309 of 2018 to file his response to the said report of the CVC again in sealed cover.”.The court also stated that the above course of action has been considered necessary by the Court keeping in mind the need to preserve and maintain the sanctity of the institution of the CBI and public confidence in the said institution..The Court also ordered that the report be served on the Attorney General and the Solicitor General for India in a sealed cover..The Court, however, made it clear that it is not inclined at this stage to call upon the Centre or any other party to file its response to the report..“At this stage, we are not inclined to call upon either the Union of India or any other party to submit any response/reply to the said report of the CVC and the only response the Court is permitting is that of the petitioner – Alok Kumar Verma in Writ Petition (Civil) No.1309 of 2018.”.Regarding the decisions taken by interim Director M Nageshwar Rao, the Court said that parties will be at liberty to supplement the list of decisions..“In so far as the decisions taken by the Acting Director M. Nageshwar Rao (respondent No. 6 in Writ Petition (Civil) No.1315 of 2018) are concerned, we have considered the details of the decisions that he has taken upto the date of the order i.e. 26th October, 2018. While it will be open for any party to supplement the said list, we defer consideration of the matter to Tuesday next i.e. 20th November, 2018.”.The matter will now be heard on Tuesday next week..Read the order below.