New Delhi, Nov 29: Supreme Court on Thursday adjourned the hearing of CBI director Alok Verma's plea challenging the government's order divesting him of his duties and sending him on leave in view of graft allegations against him, to next Wednesday.
Senior advocate Kapil Sibal, appearing for Leader of Opposition Mallikarjun Kharge (Congress), argued before the Apex court's three-judge bench, headed by Chief Justice of India (CJI) Ranjan Gogoi, that the order to seal Verma's office was passed without powers under the Central Vigilance Commission (CVC) Act.
Mr Sibal further told the Apex Court that the power of superintendence cannot override Sections 4A and 4B of the Delhi Special Police Establishment (DSPE) Act.
"If the power to appoint is with the (selection) committee, the power to remove is also with the committee," Senior advocate said. He further argued that the central government did not have the power to remove the CBI director.
"If this has happened to the CBI director, this may happen to the CVC also. It can happen to the Election Commission also," Sibal remarked raising questions on the autonomy of independent organisations.
Senior council Fali S Nariman, appearing for Alok Verma, said that he has already filed the reply to the CVC inquiry report and submitted it to the Apex Court three judge bench.
Nariman submitted to the Apex Court lead bench, by CJI Ranjan Gogoi, that the Director of the CBI should have a minimum period irrespective of his superannuation.
The Attorney General (AG) K K Venugopal, top law officer representing the Union of India (UOI) submitted to the Top Court that with the recommendations of the PM, Leader of opposition and Chief Justice of India (CJI), the Centre appoints the Director of the CBI.
The AG further submitted to the Apex Court that the committee selects a group of candidates for the appointment of Director of CBI, and put it up before the govt. Then, it is the government which then appoints the right candidate.
Now the Apex Court adjourns hearing to next Wednesday. (UNI)