SC says interim CBI chief Nageshwar Rao's decision cannot be implemented

NEW DELHI: All decisions taken by interim Central Bureau of Investigation chief M Nageshwar Rao since October 23 will not be implemented, said the Supreme Court on Friday during the hearing of Director Alok Verma's plea.

The top court further directed that Rao shall not take any major policy decisions till the next hearing of the case on November 12. 

Rao, a 1986 batch Odisha-cadre IPS officer, had signed the transfer order of 13 top CBI officers, many of whom were probing the case against agency Special Director Rakesh Asthana. The orders were passed immediately after he assumed position in the agency.

The top officers included Deputy SP AK Bassi, Additional SP CBI SS Gum, CBI DIG Manish Kumar Sinha, DIG Tarun Gauba, DIG Jasbir Singh, DIG Anish Prasad, DIG KR Chaurasia, HoB Ram Gopal and SP Satish Dagar.

The SC Friday ordered the Central Vigilance Commission (CVC) to complete the probe into allegations and counter allegations within two weeks. Former SC judge A K Patnaik will oversee the CVC inquiry.

The Centre and the CBI need to submit their findings in the matter in 10 days to the CVC, said the three-judge bench comprising of Chief Justice Ranjan Gogoi, Justices S K Kaul and K M Joseph.

A bench headed by Chief Justice Ranjan Gogoi posted the next date of hearing on November 12.

Verma's lawyer Fali Nariman had argued that the 'order passed by the CVC and the Union Government to send Verma on leave was without any authority under the law.' 

The SC notices to the vigilance commission and the Centre asking them for their replies in the matter.

The Opposition has hailed the SC order.

The top court was listening to Verma's plea who sought an urgent hearing after being sent on leave on Tuesday night following his feud with CBI second-in-command Rakesh Asthana went public. 

Meanwhile, Rakesh Asthana – the CBI Special Director – also moved to the Supreme Court over the enforced leave.

In an unprecedented development on Tuesday night, the Prime Minister-led Appointments Committee sent the top three CBI bosses - Director Alok Verma, Special Director Rakesh Asthana and Additional Director AK Sharma - on leave. It also appointed M Nageshwar Rao as the interim head of the investigative agency.

Immediately after taking the mantle, Rao sent transferred top CBI officers investigating sensitive cases.

Verma later approached the Supreme Court challenging the decision. 

The feud between Verma and Asthana had escalated recently, with both accusing each other or bribery and hampering probes.

Last week, an FIR against Asthana and Deputy Superintendent of Police Devender Kumar was registered in an alleged bribery case. The FIR was lodged on a written complaint of Satish Babu Sana on October 15. It alleged that Kumar, the investigating officer in a case, was repeatedly calling him to the CBI office to harass and compel him to pay a bribe of Rs 5 crore for giving him a clean chit. He also falsified official records.

Kumar is currently in CBI custody.

Asthana and Kumar both challenged their FIR in the Delhi High Court, which on Tuesday ordered CBI to maintain status quo on the criminal proceedings against Asthana.

The Opposition has come down heavily on the internal tussle at the CBI, holding the Narendra Modi government responsible for the entire mess and denting the central probe agency's credibility. Congress chief Rahul Gandhi also raked up the Rafale angle behind the action against Verma.