CBI additional SP SS Gurm on Wednesday, 31 October moved Delhi High Court demanding he should be heard in the case filed by CBI Special Director Rakesh Asthana to quash the FIR. Gurm also said Asthana is "misleading" the court and the CBI is trying to protect him.
CBI officer AK Bassi, who was investigating Special Director Rakesh Asthana in the bribery allegations against him, moved Supreme Court on Tuesday, 30 October to challenge his transfer. The court, however, denied him an urgent hearing in the matter.
The apex court also directed the police to provide adequate security to businessman Satish Sana, the complainant against Asthana.
The SC has ordered that:
- The inquiry into Alok Verma by the CVC needs to be completed within 2 weeks.
- Interim chief Nageshwar Rao cannot take any policy decisions (including regarding CBI investigations into Verma or Asthana), only basic administrative functions, all of which are to be submitted to the SC on 12 November in a sealed cover.
- The matter will come up for hearing again the moment SC reopens after Diwali break, on 12 November.
Alok Verma's Petition To Be Heard on 26 October
Alok Verma approached the Supreme Court at 10:30 AM. The Court has agreed to hear the case on Friday. He will likely be using a writ petition to argue that the decision of the Department was beyond the scope of its authority and was made without any reasons.
Advocate Gopal Sankarnarayanan represented Verma at the Supreme Court.
CBI Director to Challenge Order in Court
CBI Director Alok Verma is likely to challenge the government’s order that sent him on temporary leave amid bribery allegations against Special Director Rakesh Asthana.
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Will Challenge Order in Court: Prashant Bhushan
Senior lawyer Prashant Bhushan said he will challenge the leave order against CBI Director Alok Verma as he was removed "to protect" Rakesh Asthana.
“The committee of PM, CJI and Leader of Opposition only has the authority to remove the CBI director if there is some disciplinary action that needs to be taken,” he said.
“Rakesh Asthana was already facing allegations of corruption when he was made CBI special director. To protect Asthana, Alok Verma has been removed and Nageshwar Rao has been given the interim charge who is already facing some serious allegations of disproportionate assets and shielding corrupt officials. Despite Verma voicing concerns of charges against Rao, the CVC has appointed him as the director. All this is being done to save Asthana. We will challenge this in court,” he told the media outside the court.
Govt Has Authority to Act Under Extraordinary Situation: Former ASG
Former ASG Vikas Singh said the integrity of the CBI is important and the government has the authority to act under extraordinary circumstances.
“I maintain that the integrity of the institution (CBI) is the most important. In an extraordinary situation, the government has full authority to act. At this time, an open fight between the top two people spells doomsday for the institution,” he said.
Petition Filed In Bombay HC Seeking Probe
A petition has been filed in Bombay High Court seeking setting up of a Special Investigation Team (SIT) for an investigation into Alok Verma - Rakesh Asthana controversy, reported ANI.
The petition also demanded a retired Supreme Court judge in the SIT.
An Independent CBI is Needed: Alok Verma to SC
In his petition plea, Alok Verma, reportedly told the Supreme Court that the CVC and the Centre took an “overnight decision” to divest him of the CBI Director’s role. This, he alleged, is contrary to Section 4B of the Delhi Special Police Establishment (DSPE) Act.
Verma also stated that he can furnish details of many cases, which are extremely sensitive, and may have led to the present circumstances.
Verma stressed on the need for an independent CBI. He reportedly alleged that the “present circumstances” occurred when “certain investigation into high functionaries do not take the direction that may be desirable to the government.”
He reportedly also lashed out at Asthana, saying that he impeded investigations and also concoted evidence against Verma in an attempt to damage his reputation.
PIL Seeks SC Monitored CBI Probe into Rafale
A fresh PIL has been filed by Prashant Bhushan, Yashwant Sinha and Arun Shourie seeking Supreme Court monitored probe into the Rafale deal. They also sought the non-transfer of CBI officials investigating the deal.
The petition claimed that an FIR has not been reigistered as “there is extreme pressure on the CBI.”
SC Agrees To Hear Prashant Bhushan's Plea for SIT
Supreme Court agrees to hear a fresh petition filed by advocate Prashant Bhushan seeking an SIT probe against CBI officials, including Special Director Rakesh Asthana.
Fali Nariman to Represent Alok Verma in Supreme Court Hearing
Senior jurist Fali Nariman will be representing Alok Verma in the Supreme Court in the hearing on Friday, 26 October, while Attorney General KK Venugopal will be representing the Centre. The Solicitor General Tushar Mehta will appear for the Central Vigilance Commission.
A three-judge bench comprising Chief Justice Ranjan Gogoi and Justices SK Kaul and KM Joseph will hear the petition.
(With inputs from NDTV)
Former Attorney General Mukul Rohatgi to Represent Rakesh Asthana
Rakesh Asthana will be represented by former Attorney General Mukul Rohatgi in the Supreme Court proceedings today.
"Just One More Case", Says Mukul Rohatgi as He Leaves for SC
Former Attorney General and senior advocate Mukul Rohatgi, who is representing Asthana, has left for the Supreme Court from his residence.
“It is just one more case. What is big about it? It is not as important as you think it is”, Rohatgi said.
Rakesh Asthana Moves Supreme Court Challenging "On Leave" Order
CBI Special Director Rakesh Asthana has moved the Supreme Court challenging the order by the Central government to send him on leave.
The petition was filed through advocate Amit Anand Chowdhury a few minutes back.
Lawyers Arrive at Supreme Court, Hearing Begins
All the three lawyers – representing Alok Verma, Rakesh Asthana and the CVC – have arrived at the court for the hearing in the case. The hearing has begun, with Fali Nariman beginning the arguments.
CJI Ranjan Gogoi Directs CVC to Complete Inquiry in Two Weeks
Supreme Court orders:
- The inquiry by the CVC to be conducted within two weeks, to be headed by a sitting or retired judge
- While it happens, Nageshwar Rao not to take any policy decisions.
- Govt to submit list of all decisions taken to SC.
Retired SC Judge AK Patnaik to Supervise CVC Inquiry
Retired SC judge A K Patnaik has been assigned to supervise the CVC inquiry in two weeks.
Fali Nariman Presents Arguments for Verma
- He cites Vineet Narain judgment and the 2-year statutory protection.
- He cites amendment to Delhi Special Police Establishment Act.
SC Issues Notice to Centre
Supreme Court has issued a notice to the Centre in the petition by Alok Verma and Common Cause challenging leave order by Central government.
SC Orders Nageshwar Rao to Continue as Interim Chief, Barred From Taking Policy Decisions
Supreme Court has ordered Nageshwar Rao to continue as interim chief, but stated that he will not take any policy decision, only basic administrative functions. All orders passed by Rao will be given in sealed papers, all of which are to be submitted to the SC on 12 November in a sealed cover.
Court Refuses to Hear Mukul Rohatgi's Arguments Today, Says No Petition Filed
The court reportedly did not hear Rohatgi’s submission on behalf of Rakesh Asthana, stating that there was no petition before the Court filed by him. Rohatgi has asked to be heard on Monday.
Prashant Bhushan on the SC's Decision
Bhushan summarised the arguments and developments in court today, stating that the next hearing would take place on 12 November and noted that the SC had virtually disabled Nageshwar Rao’s ability to take any policy decisions.
Recent Events Had Eroded Credibility of CBI, Says Arun Jaitley
According to him, recent developments had eroded the credibility of the probe agency. In view of that erosion, the CVC had in the interest of fairness passed the order requiring the two top officers to step aside and recuse themselves from the CBI functioning till the inquiry is completed, Jaitley added.
Former Attorney General Mukul Rohatgi Speaks on the SC Proceedings
According to Rohatgi, the Supreme Court has endorsed the CVC’s view that the CBI’s mess needs to be cleared up, but has not questioned the integrity of the CVC or its manner of working. He pointed out that the apex court, in the order itself, has stated that this is an exception, since both the number one and number two officers of the CBI are involved. Rohatgi stressed that this was the only reason a judge was being brought in to supervise the CVC, which usually has the last say.
Rohatgi further said that Asthana’s grievance is that both he and Alok Verma have been equated and that he should not have been asked to go on compulsory leave. This action should have been restricted to Verma solely.
He also added that under the CVC’s order, Verma is the only one being probed, which will take place in two weeks. As far as the FIR against Asthana is concerned, that is under challenge in the Delhi HC and the court will decide whether the FIR will proceed or not.
Soli Sorabjee Calls Court Order "Sensible and Pragmatic"
Former AGI Soli Sorabjee stated that the court’s order was very sensible and pragmatic. “The court said that interim Nageshwar can continue but he can’t take any major decisions”, said Sorabjee.
Will Follow SC's Order in Letter and Spirit: CBI
Following the Supreme Court’s order on Friday, 26 October, a spokesperson of the CBI said that agency will follow SC’s order in letter and spirit wherever necessary, will seek legal opinion
MHA Speaks on the SC's Order
The Ministry of Home Affairs, while addressing the media following SC’s order said that the intention of the Central Government was to create a conducive atmosphere to enable a fair enquiry into the allegations and counter allegations made by the Director and Special Director of CBI, one against the other.
“At the same time, the Central Government had made interim arrangements to look after the day to day working of the CBI. This has also been allowed by the Hon'ble Supreme Court,” the MHA added.
Businessman Who Filed Complaint Against Asthana Seeks Protection
The complainant, Sathish Sana, the businessman who filed the complaint against Special Director Rakesh Asthana, has filed a petition in the Supreme Court seeking protection. He was also summoned by the CBI on Monday.
Delhi HC Grants More Time to CBI To Reply to Asthana’s Pleas
The Delhi High Court on Monday, 29 October continued its order to maintain status quo till 1 November and granted the CBI more time to reply to the pleas of CBI Special Director Rakesh Asthana and DSP Devender Kumar.
The CBI had sought more time saying that the entire team had been changed and case The Delhi High Court on Monday, 29 October continued its order to maintain status quo till 1 November and granted the CBI more time to reply to the pleas of CBI Special Director Rakesh Asthana and DSP Devender Kumar.files are before CVC who is looking into allegations.
Court Asks CBI DIG to Appear Before It in Corruption Case on Tuesday
A Delhi court has sought the presence of a CBI deputy inspector general (DIG) and an investigating officer (IO) on Tuesday, 30 October, following an allegation that filing of a supplementary chargesheet in a corruption case was deliberately being delayed by the agency.
Special CBI Judge Kamini Lau took note of the submissions of the complainant, Chetan Prakash Sharma, and said the allegations were "serious" and raised questions on the fairness of the investigation as well as the "credibility and independence of the Central Bureau of Investigation".
"The DIG concerned and the IO (are directed) to appear, along with the probe file, for perusal of this court on 30 October," the court said.
SC Orders Protection for Asthana's Complainant
SC directs police to provide adequate security to businessman Satish Sana, complainant in alleged bribery case against Rakesh Asthana.
CBI Officer AK Bassi Moves SC Challenging Transfer
CBI officer AK Bassi, who was investigating Special Director Rakesh Asthana, moves Supreme Court to challenge his transfer. SC refuses urgent hearing.
Patiala House Court Sends DSP Devendra Kumar to Judicial Custody
Delhi's Patiala House Court on Tuesday, 30 October, sent CBI DSP Devender Kumar and Manoj Prasad to judicial custody for 14 days.
The Court will hear the bail application of CBI DSP Devender Kumar on Wednesday, 31 October.
CBI Additional SP SS Gurm Moves HC
CBI additional SP SS Gurm moves Delhi High Court demanding he should be heard in the case filed by CBI Special Director Rakesh Asthana to quash the FIR. Gurm also said Asthana is "misleading" the court and CBI is trying to protect him.