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SC order on CBI chief no setback, government will comply: Jaitley
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SME Times News Bureau | 08 Jan, 2019
The government on Tuesday said the Supreme Court verdict on CBI Director
Alok Verma's reinstatement was not a "setback" to it and it will comply
with the order asking it to convene a meeting of the special committee
within a week to look at the issue afresh.
Talking to reporters,
Finance Minister Arun Jaitley said the court apparently has strengthened
the immunity given to the CBI Director in the larger interest of fair
and impartial functioning of the CBI. At the same time, the court has
devised and accountability mechanism which is in accordance with the
norms of fair play, he said.
"And, therefore, in accordance with
the directions of the court... obviously they will be complied with and
the government will act in the same manner," he said.
Jaitley,
himself an eminent lawyer, said the government had taken the decision to
send Verma and Special Director Rakesh Asthana on leave in accordance
with the recommendations of the CVC in the larger interest of fair and
impartial investigation and larger credibility of the investigating
agency. The Minister said the action was taken "perfectly bona
fide" because there were allegations and counter allegations made by
both the officers.
"And in accordance with the recommendation of
the CVC, the government had felt that in the larger interest of fair
and impartial investigation and larger credibility of the CBI as an
institution the two officers must recuse themselves with the CVC
formulation in the form of asking them to go on leave," he said. The
Minister said that in the Delhi Police Special Establishment Act, which
deals with the functioning of the CBI, there are two separate
provisions.
"One provision is, of course, very clear that in the
matter related to the appointment, removal or transfer of the CBI
Director, it can only be done by a special committee comprising Prime
Minister, Chief Justice of India and the Leader of Opposition. There is
another provision that in cases of corruption, the power of the
superintendence over CBI is to be exercised by the CVC.
"The CVC
has exercised that power by making that recommendation under that power
of superintendence," Jaitley said, adding that he has not read the
judgement of the Supreme Court.
"The government has been directed to convene a meeting," Jaitley said.
Asked
whether the court verdict was a setback for the government, he replied,
"I don't go by the words that it is a setback. It's an ongoing subject,
it has not ended today. It is a legal matter and the legal matters
should go till the end so that who is right or wrong is proved.
"And
the government has said earlier that this was not a person-specific
stand and that it wanted the institution's impartiality and credibility
to be maintained. And when the two senior officials were making
allegations and counter allegations against each other, the government
with full honesty accepted the recommendation of the CVC, which today
the Supreme Court judgement has reinterpreted."
Asked about the government stand on the issue, he said the government had no stand.
"The
CVC is itself an independent organisation the CVC has come to a
particular finding and that finding is already before the Supreme
Court," he said, adding there is a judgement of the Supreme Court and
wanted to know why the media should speculate.
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