Janjivan Bureau / New Delhi : The Supreme Court on Tuesday reinstated CBI Director Alok Kumar Verma, setting aside the Centre’s decision to divest him of his powers, but restrained him from taking any major policy decision till the CVC probe into corruption charges against him is over.
A three-judge Bench headed by CJI Ranjan Gogogi sets aside October 23 orders issued by the Centre and CVC divesting Verma of all his powers and sending him on leave.
The top court also set aside orders appointing M Nageswara Rao Interim CBI Director.
A Bench of CJI Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph said the issue has to be placed before high-powered panel of PM, CJI and leader of largest-single party in the Lok Sabha, which will take a decision within a week.
The top court, however, restrained Verma from taking any policy decision until the high-powered committee takes a decision on allegations against Verma.
The court said Verma will perform only routine functions until his the panel headed by the prime minister takes a decision.
The SC emphasised the importance of insulating the CBI from extraneous influence.
Pronouncing the verdict, Justice Sanjay Kishan Kaul said the Centre should have referred it to high-powered committee of the PM, the CJI and the Leader of Opposition to decide Verma’s fate.
Verma is due to retire on January 31.
The SC held that there was no law permitting the government to divest the CBI director of his powers and to send him on leave without prior consent from high-powered committee, which appointed him.
The top court has not given any clean chit to Verma and his reinstatement as CBI Director is not unconstitutional.
The CVC probe report on allegations against him would be considered by high-powered committee of PM, CJI and LoP.
The SC said the expression ‘transfer’ in Delhi Special Police Establishment Act can’t be construed in a restricted manner and it would include divesting CBI Director of his powers.
The SC didn’t pass any orders on interim applications challenging transfer of several CBI officers after Verma was divested of his powers, saying they had not filed any writ petitions.
It asked them to seek appropriate legal remedies.
