CBI Chief Can’t Be Removed or Transferred by SC: Kapil Sibal
The SC hearing on CBI Director Alok Verma’s plea against his interim leave is adjourned to Wednesday, 5 December.
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The Supreme Court hearing on CBI Director Alok Verma’s plea against his interim leave has been adjourned to Wednesday, 5 December. During a hearing of the plea filed by Alok Verma on Thursday, 29 November, senior lawyer Kapil Sibal said that even the Supreme Court does not have the power to remove or transfer a CBI chief.
CJI Ranjan Gogoi then asked Sibal if the CBI Director could not be touched without the consent of the Selection Committee, to which Sibal replied in the affirmative. Sibal was arguing on behalf of Leader of Opposition Mallikarjun Kharge.
CJI Gogoi asked the Attorney General whether the divestment of Verma's powers by the gift was under Section 4(2) of the DSPE Act (Centre's general superintendence of CBI) or Section 4(1) of the Act (CVC's special superintendence of corruption investigations).
The Supreme Court asked what was the protocol if a CBI chief was caught red-handed taking bribes and questioned whether such a chief deserved to continue even for a minute if he was.
A-G later moved to decide to whether or not the action taken against Verma amounted to a transfer (which can only be done by the selection committee u/s. 4B(2). According to him, it doesn't, and instead falls within the ambit of the Centre's power of superintendence over the CBI.
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