New Delhi: Senior Congress leader Mallikarjun Kharge moved the Supreme Court on Saturday against the Centre’s decision to send CBI director Alok Verma on leave, saying it was “completely illegal and arbitrary”.
Kharge said the CVC has no power to act against the CBI director or send him on leave, and that only the three-member panel comprising the Prime Minister, the Chief Justice of India and the leader of the opposition/the single largest opposition party can take such a decision.
“Without the committee's consent, they have asked the CBI director to go on long leave. This is a violation of the (Delhi Special Police Establishment) Act (under which the CBI was formed). The CVC has no power to ask him to go on leave or inquire against him and has thus violated the rules,” he said on Saturday.
In an interlocutory application filed in the pending petition, Kharge said, “The entire action of the central vigilance commission (CVC) vide its order October 23 and the DoPT vide order October 23 seeking to divest CBI director Alok Verma of his statutory powers and functions is completely illegal, arbitrary, punitive and without jurisdiction....”
He said the provisions of the Delhi Special Police Establishment Act (DSPE Act) clearly say that the tenure and terms of the CBI director is protected and even the transfer cannot be effected without the consent of the committee.
