Mr. Prime Minister, you must read the Supreme Court Judgment reinstating CBI Director Alok Verma

On whose advice did the Prime Minister make the mistake of asking a legally appointed Director to go on leave?

On whose advice did the Prime Minister make the mistake of asking a legally appointed Director to go on leave?
On whose advice did the Prime Minister make the mistake of asking a legally appointed Director to go on leave?

Alok Verma restored as Director

The Supreme Court’s judgment on Tuesday, reinstating the Director of Central Bureau of Investigation (CBI), Alok Verma, is good reading material for the Prime Minister (PM).  In fact, the first paragraph of the judgment is a must-read for all political leaders. “That the Rule of law is the bedrock of democracy would hardly require any reiteration. However firmly entrenched the principle may be, it gets tested in a myriad of situations that confronts the courts from time to time. The present is one such occasion,” says the first paragraph of the Judgment authored by Chief Justice Ranjan Gogoi, reinstating CBI Director Alok Verma who was unceremoniously sent on leave (effectively terminated) by the Prime Minister Narendra Modi in a blatantly illegal and questionable manner.

Why did Modi decide to go for a midnight operation on October 23 to remove Alok Verma by sending a force from Delhi Police to his office at night, at 2:30 AM, and then locking the Director’s office and serving notice at his home? The simple reason is that Modi was upset over Alok Verma’s action of registering a bribery case against his blue-eyed boy Rakesh Asthana, the Numero Duo in CBI, who was caught for corruption several times. The Bharatiya Janata Party (BJP) managers floated a fake story in several pliable media that Alok Verma was going to probe into the controversial Rafale deal. Nothing could be further from the truth. No officer will probe into Rafale deal, as the matter had already reached the Supreme Court. Did someone in his coterie plant some fear in Modi’s mind, or was he himself afraid? We don’t know. No way will a sensible officer register a case targeting the Prime Minister of the country.

Straddling two horses

It is a fact that Modi went out of the way to protect and gave patronage to tainted Rakesh Asthana from the end of 2016. Asthana, a Gujarat cadre officer, is also close to BJP President Amit Shah. It must be remembered that Asthana is tight with Congress leader Ahmed Patel too – like many pliant Gujarat cadre IAS and IPS officers who seem to straddle two horses. When Asthana was caught for accepting bribes of around Rs.3.8 crores from Ahmed Patel-linked firm Sandesara Group, Congress kept quiet.

From this point forward, CBI Director Alok Verma and Prime Minister were not on talking terms. With patronage from PM and dubious officers from the Prime Minister’s Office (PMO), Rakesh Asthana was brazenly defying Alok Verma, going to the extent of filing frivolous complaints against Alok Verma and PMO promptly responding to these complaints.

Inexplicably the Prime Minister chose to post a junior ranking Asthana as Acting CBI Director when CBI Director Anil Sinha retired in the first week of December 2016. If one were to stick to the Lokpal Act, a month prior to the appointment, the PM headed high-power committee consisting of the Leader of Opposition and Chief Justice of India has to select a new CBI Director. Modi did not adhere to this and unceremoniously transferred the then-No: 2, R K Dutta, and made a very junior No: 3 Rakesh Asthana the Acting Director. This blatant violation was raised before the Supreme Court by noted lawyer Prashant Bhushan and the High-power committee was constituted and selected Alok Verma in January 2017.

But Asthana was not in a mood to work as a subordinate of Alok Verma due to his proximity with the PM and BJP President and started disobeying the CBI Director Verma, who would have none of it. At that time the CBI had registered a First Information Report (FIR) against three Principal Income Tax Commissioners whose names were found in the diary of Sandesara Sterling Group. So Alok Verma objected to the promotion of Asthana as Special Director as his name was also in the same diary for accepting Rs.3.8 crores. Asthana’s son was a senior staffer in the now fugitives Sandesara – Sterling Group promoters, who were caught with Rs.5500 crore-worth bank frauds. Asthana’s daughter’s marriage was also conducted at these fugitives’ farmhouse and Asthana was earning a good rent from these fraud group by leasing his home[1].

Moreover, Ahmed Patel, his son, and son-in-law are involved in the CBI and ED cases for accepting huge money from the fugitives controlled tainted firm Sandesara Group[2].

What was shocking was that this tainted character Asthana was promoted by the Prime Minister in an unprecedented midnight order in October 2017, over the objections of CBI Director Alok Verma. What was the need, Mr. Prime Minister? Why do this unholy thing when a CBI Director gives a written letter of objection before the Central Vigilance Commission (CVC)?

From this point forward, CBI Director Alok Verma and Prime Minister were not on talking terms. With patronage from PM and dubious officers from the Prime Minister’s Office (PMO), Rakesh Asthana was brazenly defying Alok Verma, going to the extent of filing frivolous complaints against Alok Verma and PMO promptly responding to these complaints.

Once CBI issued a statement against Rakesh Asthana that they are probing six cases against him involving dealing with jailed fixer cum Editor Upendra Rai. At last Rakesh Asthana was charged in the FIR for accepting a bribe from controversial meat exporter Moin Qureshi’s henchman Sana Satish Babu. External intelligence agency RAW’s Dubai Chief Samant Goel is also part of this extortion racket according to the CBI FIR dated October 15, 2018[3]. Asthana was aware that he would be arrested by his own agency CBI and then came the blatant action from PMO by removing both Alok Verma and Asthana and now Supreme  Court has reinstated Alok Verma terming Government’s action as illegal.

Now, Mr. Prime Minister, perhaps you erred in handling the CBI affairs and unnecessarily patronizing a corrupt officer Rakesh Asthana. Anyway, the past is past. I urge you again to read the Supreme Court Judgment, which will explain to you where you went wrong. You must take the person who advised you to do this, to task, for this blatant move. They are not your friends. They are like blood sucking vultures, sucking on your goodwill and mandate given by the people of India to you in May 2014. Please remember, “Rulers in a democracy must adhere to the rule of law”!

Here is the link of the Supreme Court Judgment reinstating CBI Director Alok Verma[4].

References:

[1] Son of Asthana worked at Sterling Biotech, daughter’s marriage party at Sterling farmhouse, accuses Prashant BhushanNov 22, 2017, PGurus.com

[2] ED approaches Court to declare Ahmed Patel patronaged Sandesara-Sterling Group promoters as fugitivesOct 26, 2018, PGurus.com

[3] Very explosive affidavit in Supreme Court on CBI saga – Is Rakesh Asthana, the Duryodhana in the 2019 Mahabharata? Nov 19, 2018, PGurus.com

[4] Jugdment of SC re-instatement of Alok Verma as CBI DirectorJan 7, 2019, LiveLaw.In

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An inventor and out-of-the-box thinker, Sree Iyer has 37 patents in the areas of Hardware, Software, Encryption and Systems.

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13 COMMENTS

  1. Sir, there are two sides of the story. You have one side , other side is on https://www.opindia.com and many other news portal similar to yours.
    https://www.opindia.com/2019/01/high-powered-committee-comprising-of-pm-modi-sc-judge-and-kharge-sacks-cbi-director-alok-verma/

    One observation is very clear that some politicians -congress as well as bjp are not happy on removal of verma. Surprisingly the journos who hate modi and love mode both are against this decision. I can only say love for congress is the bigger than love or hate towards modi.

  2. Time for the nation to realize that we need to aim for a much better team than Modi’s. Giving him a second term would mean – Trying the same experiment and expecting different results. Let’s be honest in our assessment and realize that his performance is only a tad better than the mal performing UPA. Some churn must happen within the right thinking people of BJP to find a better leadership team. As things go, baton passes back to UPA and the same misrule will continue.

  3. When all is said and done Mr Iyer any and every activity associated with the prevention and prosecution of crime is an Executive function. The judicial overreach at the instance of that busybody Jethmulani has effectively interfered with the executive function of supervising the CBI. Lawyers and Judges are making more and more illegal inroads into a citizen’s rights and the institutions he elects. If this goes on sooner rather than later people will be out on the streets demanding the dismantling if the judiciary. This has already happened in South Africa. In fact after the so called judgement on the Judicial Appointments Committee we do not have a legitimate higher judiciary in India. The Constitution does not have in it the word Collegium and if the procedure for the constitutional amendment was defective it was incumbent on the Judiciary to lay down by what procedure the Sovereign citizen can choose the judiciary to which he entrusts the administration of Justice. You are a brilliant writer but this piece is the worst you have written.

  4. One cannot DENY Mr. Modi is Cocky, Arrogant and Over-Confident, remaining BLINDLY RELYING TOO MUCH on his “Second-in-Commands”, the 5 -As who in many ways Contribute to Modi’s DOWNFALL. Modi has his paybacks to do for these 5 Aces for making him the PM. #1. Arun Jutley in the Cabinet Caucus, #2. Amit Shah. in BJP Party matters. #3. Adhia, implanted from Gujarat IAS Cadre as Principal Finance Secretary, #4. R. Asthana implanted in CBI as Additional Director. #5. Ambani and Adhani. #1.Arun J. besides being an eloquent Speaker for BJP is also an Elite Card Holder of the “Delhi Lutyens Club” and has a big family Law Firm/Business to take care of. He works beyond the party lines and has compromised to deliver on the focus related to filing FIR against the CORRUPTS!. #2.Amit Bhai has his own bag of court cases, prodigal son, lacks the finesse since by hook or crook he is set out to win the elections. Bringing in Adhia, Asthana into the Delhi FM, CBI Admin. were certainly wrong moves, simply driven by raw ambition to keep Full Control at the Centre. These have misfired and cause serious setbacks to Modi in the FM/CBI management. Paybacks to Corporate Sponsors: Ambani [Jio licence, Rafale offset deals], Adhani [Australian Coal deal that failed]. While Modi’s Contribution to India in international relations and diplomacy matters is indeed OUTSTANDING, he failed to WEED out CORRUPTION at the TOP during his five years reign. He has relied on his As and they have failed to deliver. It is now too late and beyond recovery. UNDUE Delays in settling National Herald, Aircel-Maxis, INX-media cases are coming to haunt Modi/BJP. Culprits are given free hand, far too long, to remain outside to erase ALLl evidence, so they can go scot free to challenge India to Perpetrate and Continue Corruption. In many ways. too late to do any course corrections. In an attempt to bring in the new order, many dedicated leaders who toiled [LKA, MMJ, YS, AS, JS, SS, Ram Jeth, Dr. Sub Swamy] were sidelined and ignored. There has been at display the clear lack of consideration to receive cooperation, consultation and the collegial INPUTS of these experienced and dedicated Senior leaders of the BJP/RSS HQ. The As working under Modi do display praise for Modi but have miserably failed to deliver their dues towards fulfilling the BJP’s/Modi’s KEY poll promise of WEEDING out the Corruption at the Top. Modi/Arun J’s Speeches remain as mere Slogan of Empty Words and fail to inspire and give confidence to the Aam Admi of India. Too late for course correction. Modi [and his A-Team] has missed the boat to give the easily Deliverable to Save India from the Clutches of the Congress, Communists, Communal and Caste-driven, Corruption enriched India. The recent state election results is the prelude to what is coming soon.

  5. Modi did the right thing. Director CBI had nobusiness fighting openly with deputy DCBI. By sending them both to jail Modi Doval played a masterstroke.

  6. There are any number of comments advising Modi to act fast for the last few months on blatant corruption issues, mostly spearheaded by Dr Swamy. That the PM has chosen not to act as promised during last election time has certainly reduced his stature, despite other positive things. Perhaps he is on way to losing the coming elections. He will be more remembered for not walking the talk on the major issue of containing if not eradicating corruption in high places.

  7. It seems that such blatant act of usurping an existing CBI chief does indeed expose the vulnerability of the PMO to dangerous manoeuvring by close advisors or a simply the PM’s incompetence to be able to manage such events. Whatever the reason, Modi looks vulnerable while exposing himself to just one term as PM after building a huge cult like asset on himself. Surely one cannot be any less stupid not to resort to an umbrella when the dark clouds are clearly threatening a heavy rain storm?

  8. In-spite of the well wishers of Mr.NAMO & BJP like Sree Iyer and Swamy raising warning signals naming wrong doer to Modi , no action was initiated so far, why ? what is preventing ? needs further probe by the author. Gujarat walla, close friend are all secondary. After Independence only the honest industrialist gave funds to both ruling and opposition parties to run their business trouble free. After globalization business culture entirely changed. If you want to stay in the market cheat the competitor, customer, force the politician to do all sorts of corruption to get favours and hide them under the carpet with media help. Hence the only source of funds for the political parties is from corrupt industrialist. A worst situation we have to eradicate first and action started with much reluctance with a snail speed which wont help to retain power in 2019 by NAMO

    A good advise explained in a systematic manner by Mr.Iyer to Modi. The comment by Dr.VG also point out the mistakes politely. Time is running out will NAMO take any action ????? God only knows !!!!

    Already the joker is munching the empty mouth and disturbing the parliament and well wishers are forced to feed !!!!!! ??????

  9. Appointing tainted characters & bureaucrats into position of power has been there for long – reason being the media is silent on them for its own selfish interests. Unless Modi changes the rules of bureacracy that non-performing or those indulging in any of corruption (physical, mental & imaginatiive, creative) corruption, they shall not only loose jobs, but also any benefits from the state.
    Such peoples AADHAR or some IDs need to be linked & wherever they stay, they should pay 20% higher charges of utility bills, income tax slab for them will be 10% more than others in that slap range. This should be for 10-15 years, till there is no further case or the person has changed himself.

  10. “Vinasha Kaale Vibhareedha Buddhi-hi” Edha Raja – Tadha Praja. Too Confident Modi RELIED too much on his “2-in-C”, Arun Jaitley, and tried his best to pay back the dues; since AJ played the crucial role as the King Maker and SIDELINED / Bulldozed ALL the BJP Stalwarts in one go at the Goa and Delhi meetings. So, Modi anointed AJ to take care of Double Key Portfolios – Defence cum Finance. Is this NOT too much on the plate for anyone to handle when AJ was not ready for even one, given his health status, wealth and family legal empire counselling as the Head to take care of, besides helping myriad Delhi and Tamilnadu based friend(s) going beyond Party lines.So, there is a serious issue of Conflict of interest that cannot be simply ignored. Patriotism, Commitment and Service to India involves going well beyond giving eloquent speeches in and out of Parliament and Media outlets. Another issue with Modi is bringing in his Top As to work with AJ: H. Adhia, R. Asthana, A. Shah with AJ. Together, they lack the far sight, vision and a real Commitment of MODI in Weeding out Corruption. Having gotten into the deep mire already, it is difficult to extricate. Modi has to do RAPID Course Correction [perhaps, it is too late already]. Delays would bring BJP severe loss in 2019. This A-company of Modi has not prepared and defaulted to submit relevant papers [from the FM/CBI/ED sides], to present a strong FIR against why P. Chidambaram should be arrested and interrogated. Thus, PC is all WELL set to slip out of the NET. BJP/Modi will be ridiculed for the failure and dubbed as empty vessel. His A-Team has brought up this Let Down. With Modi, the BJP will go under. The stage and the game is all getting SET for the Pseudo-secular”MahaThugbandha” to run India freely and jubilantly. Example: Look at what happened in Rajasthan for Vadra’s Land deal. Thus, More of this will happen across all over India in 2019. Is Modi, missing a golden opportunity?

  11. Now time for Modi to fix the crooks who advised him to remove Alok Verma thru a illegal mid-night operation. I am sure it must be Jai Italy, the crook

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