Alok Verma's win against CBI a 'partial victory'? SC says no policy decision till select committee meets; CBI chief retires on 31 Jan

The Supreme Court’s decision reinstating Alok Verma as the CBI director has generated bittersweet reactions. While lawyer Prashant Bhushan said that the Supreme Court has given a verdict favouring the “shunted” CBI chief, he added that it also is only a “partial” victory for Verma because of the stipulations added by the Supreme Court in its order.

The apex court, however, issued a caveat in its ruling saying that the CBI director will not be able to make any policy decisions until a Selection Committee — comprising the Prime Minister, the Chief Justice of India and the Leader of Opposition — comes to a decision about his powers as head of the investigative agency.

Analysts pointed out that the limitation makes the ruling, which was authored by CJI Ranjan Gogoi, rang hollow in practicality and is not a real win for the previously shunted Verma. Verma’s tenure is set to end on 31 January, while the Selection Committee’s possible date of meeting is still a week away.  Uncertainty about the CBI director’s fate in office could be extended for longer if the committee is unable to come to a decision immediately.

However, Verma’s “partial victory” was celebrated by his supporters, who, according to TV reports , were happy that Verma at least got a chance to exit his office with dignity. Supporters were happy with the judgment as it allowed the embattled head of the investigative agency a dignified exit from his office. Speaking to reporters after the verdict,  Verma’s lawyer Sanjay Hegde said , “I see it as a victory for democracy and institutional integrity in India.”

The CBI, however, said that the uncertainty within the agency will continue, according to reports . “What ‘policy decision’ is will be open to interpretation on a case by case basis,” the agency reportedly told News18.

The apex court on Tuesday set aside the Centre’s order divesting Verma of his powers after an internal feud in the investigative agency came to the forefront in October 2018. The government had sent Verma and his second-in-command Special Director Rakesh Asthana on leave after their allegations of corruption against each other become public.

In his case against the government’s order, Verma had sought the quashing of three orders of 23 October, 2018 — one by the Central Vigilance Commission (CVC) and two by the Department of Personnel and Training (DoPT), as being without jurisdiction and in violation of Articles 14, 19 and 21 of the Constitution.

The apex court’s order observed that the decision was not made based on the protocol of referring to the selection committee. “The legislative intent of insulating the CBI director is manifest,” said the three judges who set aside the government’s move unanimously. The appointment of M Nageswara Rao, joint director, as interim chief has also been set aside.

According to reports, the Supreme Court observed that the “director must be a role model” for the CBI’s “independence”. The court also said, “Public interest paramount in ensuring the independence of the CBI.”

“The legislative intent of insulating the CBI director is manifest,” said the judgment, which was a unanimous decision by the three judges. According to reports , the appointment of M Nageswara Rao, joint director, as interim chief has also been set aside.

With inputs from agencies