News By/Courtesy: AKSHIT BHARDWAJ | 05 Nov 2018 1:00am IST

HIGHLIGHTS

  • The controversial removal of the CBI Chief Alok Verma
  • The government passed a midnight order on 24th October’18 to remove Mr. Alok Verma
  • arbitrary removal?

The controversial removal of the CBI Chief Alok Verma a few days back has sparked another controversy on Saturday, with the opposition leader Mallikarjun Kharge of the Congress party moving to the Supreme Court against the Illegal removal of the CBI Chief terming it to be malafide.

The government passed a midnight order on 24th October’18 to remove Mr. Alok Verma and his Deputy Rakesh Asthana which was challenged by Mr. Alok Verma in the court just after a few hours of his arbitrary removal. The court earlier this week, ordered CVC to complete the investigation within two weeks and submit its report under the supervision of a retired SC Justice.

Mallikarjun Kharge in his application questioned the illegal removal of the CBI Chief and the Centre’s power to alter the tenure of the Chief under the Delhi Special Police Establishment Act. He has placed his reliance on Section 4(1) of the DSPE Act which only confers the power to investigate and not divest anyone from his position. He further placed his reliance upon Section 8 (1) (a) and Section  (1) (b) of the Central Vigilance Commission Act, 2003 which do not vest any power with the CVC that had been used in the present case considering it to be malicious and illegal.

The standard procedure to appoint the CBI chief includes the panel of three members comprising the Prime Minister, The Chief Justice and a member of the Opposition party. Mr. Kharge being a member of the panel was not consulted before taking this extreme step, this further puts him under solid footing for the filing of this petition before the Hon’ble Apex Court.

Section Editor: UTKARSH JAISWAL | 05 Nov 2018 1:04am IST


Tags : #SC

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