Tussle within CBI

Why in news?

• There is an ongoing battle within the CBI between the CBI Director Alok Verma and his deputy Rakesh Asthana and both of them have been told to go on leave.
• Joint Director M. Nageshwar Rao has been asked to take over charge as interim CBI Director.

How are officers at these levels appointed?

• Before the Lokpal Act was enacted, the CBI Director’s appointment was done under the Delhi Special Police Establishment Act.
• Under this, a list of eligible candidates was prepared by a panel comprising the Central Vigilance Commissioner as chairperson, other vigilance commissioners, Home Secretary and Secretary (Coordination and Public Grievances).
• The final decision would be taken following consultations between the PMO and Home Ministry.
• Following the enactment of the Lokpal Act, the list is prepared by the Ministry on the basis of seniority and experience in anti-corruption investigations.
• This list goes to the Department of Personnel and Training, which vets it further.
• The list then goes to the Lokpal Search Committee.
• It comprises of
  1. the Prime Minister,
  2. the Chief Justice of India (Or a representative deputed by CJI) and
  3. the Leader of the Opposition (LoP) (If no party is large enough, the leader of the largest Opposition party can attend.)
• The search committee examines the names and sends its recommendation to the government. 

• The decision of the committee could be unanimous or divided with a member recording a note of dissent.
• The government appoints other subordinate officers in consultation with the CVC after due vetting of integrity and seniority.

What are the powers of the Director?

• There is no official No. 2 in the agency — it is informally decided on the basis of seniority.
• The Director remains the ultimate authority, and no other officer has any independent powers that can bypass his.
• The Director has the prerogative to assign investigation of a case to an officer.
• His is also the final call on the action to be taken in a case.

What is the genesis of the current crisis?

• In October 2017, the CBI Director handed over a confidential note to the CVC during a panel meeting over the promotion of Asthana to the post of Special Director.
• The note alleged corruption on Asthana’s part with regard to the Sterling Biotech case of August that year.
• The CVC panel unanimously cleared Asthana’s promotion, disregarding Verma’s submissions.
• It said the allegations were not verifiable.
• In June this year, the Director targeted Asthana again, by probing him for alleged corruption.
• Asthana hit back by writing to the Cabinet Secretary in August that Verma was interfering in his probes and had tried to stall a raid on Lalu Prasad in the IRCTC case.
• He also alleged corruption on Verma’s part.
• Less than two months later, Verma got an FIR registered against Asthana as an accused in a case of corruption.

Was sanction needed before the FIR was filed?

• Section 17A of the recently amended Prevention of Corruption Act makes previous approval of the government mandatory before conducting any investigation into any offence alleged to have been committed by a public servant, where the alleged offence is relatable to discharge of his official functions/duties.
• It also says, “No such approval shall be necessary for cases involving arrest… on the spot on the charge of accepting or attempting to accept any undue advantage…”
• CBI has argued that since this was a case of bribery and not of abuse of official position in connection with a decision taken on policy or otherwise, this would not fall under the purview of Section 17A.
• This, however, is being disputed by many.
• It is being argued that since in the case against Asthana, no one was caught accepting a bribe “on the spot”, the agency should have taken permission from the government before charging him.

What are the implications?

• The turf battle between the two seniormost officers has now cleaved the agency, with other officers taking sides.
• The most troubling aspect is that only one of them will be proved right and either way, it is the agency that will be shown in a poor light.
• The procedure for the appointment of CBI Directors, which is made by a committee comprising the PM, the CJI and the LoP, has not stripped the office of controversy.
• To a large extent, the political leadership must bear the primary responsibility for such controversies.
• Central agencies are seen as targeting those in Opposition parties, and these recent developments further damages their credibility.
• Mr.Verma’s vehement objections about Mr.Astana’s suitability was overruled by CVC and so the CVC and the Centre to address the present crisis.

Source: The Hindu, The Indian Express