Case Description

The Supreme Court is assessing if the divesting the CBI Director of his powers by the Centre is legal.

Background

Two petitions, one filed by Mr. Alok Verma (CBI Director) and other by an NGO Common Cause have challenged the Centre's order which resulted in the CBI's Director being divested of his powers The petitioners argue the Central Government’s actions against Verma violate the provisions of the DSPE (Delhi Special Police Establishment) Act and Supreme Court guidelines issued in Vineet Narain, 1997.

 

The petitions demands the removal of CBI Special Director Mr. Rakesh Asthana, in light of the pending corruption charges pressed against him.

 

Petitioner Common Cause also requests a court monitored Special Investigation Team (SIT) to probe “into charges of corruption against the officials of the CBI”.

 

Common Cause filed the petition in response to the Central government divesting Director Alok Verma of his powers and appointing M. Nageswara Rao as the interim chief of the CBI. The Central government appointed an interim chief to put an end to the highly publicized in-fighting between Alok Verma and Rakesh Asthana.

 

Verma and Asthana have both been placed on immediate leave, a first in the history of the CBI.

Issues

1) Have the actions taken against CBI Director Verma violated the provisions of the Delhi Special Police Establishment (DSPE) Act?

2) Have the actions taken against CBI Director Verma violated the rule of fixed tenure, which was introduced by the guidelines issued by the Supreme Court in Vineet Narain?

Judges