The government defended its decision to send Alok Verma on leave saying that an "extra-ordinary and unprecedented" situation had arisen due to "grave allegations of corruption" against senior functionaries of the agency.
"The CBI director was non-compliant with the requirements/directions of the Central Vigilance Commission and had created willful obstructions in the functioning of the commission, which is a constitutional body," the government statement said.
According to the statement, despite repeated assurances and reminders, the CBI director failed to furnish the records/files before the commission, leading the CVC to observe that the CBI director was not cooperating in making available records/files sought by the commission relating to serious allegations against him.
Detailing the sequence of events that led to government intervention, the statement said, "The CVC, on receipt of a complaint on August 24, 2018 containing various allegations against the senior functionaries of the CBI served three separate notices (under section 11 of CVC Act, 2003) on September 11, 2018 upon the CBI director to produce files and documents before the Commission on September 14, 2018. Various opportunities were given to produce such records and after several adjournments, though the CBI assured the Commission on September 24, 2018 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 "extra-ordinary and unprecedented circumstances" forced the Central Vigilance Commission to pass orders divesting Shri Alok Kumar Verma, director, CBI and Shri Rakesh Asthana, special director, CBI of the functions, power, duty and supervisory role in respect of cases already registered and/or required to be registered and/or being inquired/enquired/investigated under the provisions of Prevention of Corruption Act, 1988, until further orders," the statement said.
Section 8 of the CVC Act, 2003 gives CVC the power of superintendence over the functioning of DPSE (CBI) in so far as it relates to the investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988.
The Government of India evaluated the material before it and in the interest of equality, fair play and principles of natural justice decided to divest Shri Alok Kumar Verma, director, CBI and Shri Rakesh Asthana, special director, CBI of their functions, power, duty and supervisory role in any manner as director, CBI and special director, CBI respectively, the statement said.
The government said that this was an interim measure and will subsist "till the CVC concludes its inquiry into all issues which have given rise to the present extra-ordinary and unprecedented situation and till the CVC and/or Government of India takes an appropriate decision in accordance with the law as regards to the measures to be adopted as a consequence thereof”.
from Times of India https://ift.tt/2qa3CD8
