NEW DELHI: CBI director Alok Verma was divested of his powers in order to protect people’s faith and instil confidence in the agency, the Centre reiterated before the Supreme Court on Thursday. But the bench made it clear that it would first consider whether the government had the power to divest the CBI director of his duties, or whether it had to approach the committee.
Justifying the Centre’s decision, Attorney General K K Venugopal told the three-judge bench headed by Chief Justice of India (CJI) Ranjan Gogoi that the mandate of the high-powered committee — comprising the Prime Minister, CJI and Leader of the Opposition — was limited.“The committee is functus officio (an officer or agency whose mandate has expired because it has accomplished the purpose it was created for) and hence the question of going back to the same panel for any action doesn’t arise,” Venugopal argued.
He said the Central Vigilance Commission (CVC) had the power of complete superintendence over the CBI, and the provisions of the Central Vigilance Commission Act, 2003, made it clear that such superintendence was not restricted to corruption cases alone.
This led the CJI to ask, “If the CVC wrote to the government under its power of superintendence of investigation of corruption cases, could the government issue its order under the residuary power?”
Venugopal said the primary concern was to protect people’s faith, and instil confidence, in the CBI, as public opinion was turning negative since its top two officers were at loggerheads. The next hearing is slated for December 5.