CBI crisis: Govt defends decision to send Verma, Asthana on leave

Months after the internecine fight among the top judges of the Supreme Court, the unprecedented battle in the top leadership of the CBI has cast aspersions over the premier investigative agency's credibility. As criticism mounted, the government acted swiftly by sending CBI director Alok Verma and his deputy Rakesh Asthana on leave early on Wednesday morning.

Following this, the opposition parties, including the Congress, accused the government of using a heavy hand to send Verma on leave because the CBI director had taken cognizance of the Rafale deal. Addressing a press conference in New Delhi, Congress leader Abhishek Manu Singhvi accused the Narendra Modi-led government and senior BJP leaders of implementing the 'Gujarat model' at the Centre and in the CBI, scared over the Rafale issue. The government has removed Verma to control the CBI and avoid the day of reckoning arising from "Rafale-o-phobia", Singhvi claimed.

Earlier, it was reported that the government was miffed with Verma for meeting former Union minister Arun Shourie and lawyer Prashant Bhushan. The duo had met Verma for demanding a probe into the alleged corruption in the Rafale deal. 

However, the Union government fielded Finance Minister Arun Jaitley to explain the official position. “The charges have been made by the opposition parties. I regard this charge as rubbish. The fact that the three opposition parties saying that we know what the agency was going to do next itself casts a serious doubt on the fairness process,” Jaitley said replying to a volley of questions during the Cabinet briefing.

The unease in the central government and the ruling BJP was evident as both the senior CBI officers were engaged in an unseemly battle accusing each other of accepting bribes. The fight threatened to cloud not only the public perception over several politically high-profile cases, but could have also been used by some of the accused to raise doubts over investigations done. With elections around the corner, the BJP would have had a tough time answering these questions.

Jaitley argued that the government acted to maintain the institutional integrity of the CBI as it not only investigated many cases within the country, but also in foreign countries. “Unique and unfortunate situation has arisen. I won't go into the merit of the case. Special director has accused the director. And there is accusation from the CBI on the special director. Now who will investigate? There is a requirement of fairness and fairplay. This doesn't come under the jurisdiction of the government and nor will the government investigate,” Jaitley said.

The minister said the government has acted on the recommendations of the Central Vigilance Commission (CVC) which exercises superintendence over the CBI. 

In an apparent damage control move, the government served notices to both the CBI officers at 2 am on Wednesday at their residences.  Ironically, both the officers were handpicked by the NDA government. While Verma had earlier served as the Delhi Police Commissioner, Asthana, a Gujarat cadre officer, had held several positions in the state and is said to be close to PM Modi.

Citing rules, Jaitley said the CVC would consitute a Special Investigation Team to probe the charges as they have all the documents.

Later in an official statement released by the government, it said the charges of corruption levelled by the CBI officers against each other has vitiated the official ecosystem of the organisation. “The environment of faction feud has reached its peak in the CBI leading to a potential loss of credibility and reputation of the premier investigating agency of the government. It also vitiated the working environment of the organisation which has deep and visible impact on the overall governance,” a strongly worded statement said.

Giving sequence of the events, the government said the CVC, on receipt of a complaint on August 24, 2018 containing various allegations against the senior functionaries of the CBI, had served three separate notices (under section 11 of CVC Act, 2003) on September 11, 2018 to the CBI director to produce files and documents before the commission on September 14. “Various opportunities have been given to produce such records and after several adjournments, though the CBI assured the commission on September 24 to furnish the records within three weeks. Despite repeated assurances and reminders, the CBI director failed to furnish the records/files before the commission. The CVC has observed that CBI director has not been cooperating in making available records sought by the commission relating to serious allegations,”  the statement said. 

The statement accused ousted CBI director Verma of not cooperating with the CVC. “The CVC has also observed that the CBI director has been non-cooperative with the commission, non-compliant with the directions of the commission and has created willful obstructions in the functioning of the commission which is a constitutional body."

The government said both the CVC and itself, after considering the extra-ordinary and unprecedented circumstances, sent the orders divesting Verma and Asthana of their responsibilities "in respect of cases already registered or required to be registered". The government also appointed CBI joint director Nageshwar Rao as the interim director.