Thread by @arvindgunasekar

Alok Verma case harinh starts.
SG Tushar Mehta for CVC resumes his arguments

CJI asks SG Mehta about the fixed tenure for DCBI.
SG replies “this fixed tenure of two years is for giving enough time for him to implement his plans and works”.

Yeah. The fixed tenure is ensured for giving enough time to the DCBI: CJI

Even if we agree with your argument that the situation was that important that you had to act then and there, why not approached the selection committee till now ? asks Justice Kaul to SG Tushar Mehta

This decision of CVC on Oct 23 wasn’t taken overnight. As per AG’s argument, this was going on from July. How & why this decision on Oct 23 ? :CJI to SG Mehta

Even after the appointment of DCBI, the individual continues to be an IPS Officer and he still come under the domain of Indian service rules where CVC has the say: SG Tushar Mehta

The rules and order says “DCBI tenure is not less than two years” not that “tenure is only two years”. Tenure can be more than two years: CJI clarifies

SG argues DCBI is under All India Service Officer rules. Disciplinary provision is the same for him too.
Because CVC is entrusted for effective functioning of CBI, CVC should also have the power to intervene if something wrong

If CVC is not given powers to intervene when situation arises, then the body would become toothless: SG Mehta

Can the intervention of CVC in such issues can go beyond their ambit of Prevention of Corruption ? asks CJI to SG

Two top most officers in CBi instead of probing serious cases were probing each other, raiding each other’s team: SG Mehta

If CVC wouldn’t have intervened, they would have held responsible for dereliction of their duty. They would have been made answerable to the executive: SG Mehta

CVC issued several notices to DCBI seeking files but the DCBI wasn’t cooperation. Even after 40 days, none of the sought files were submitted: SG Tushar Mehta

SG Mehta reads last year’s CVC annual report submitted to the executive and also to the parliament, cites the number of complaints received against CBI officials and actions of the CVC therein.
SG concludes “this is not the first time CVC is intervening in the function of CBI”

AG KKV continues, says “if Centre had come with the report of CVC to the committee, the committee might have returned it saying they doesn’t have the authority to deal with the report”.
Hence, Centre / DoPT acted upon the CVC order

AG concludes his arguments by saying “its not a transfer and just divesting the charges and functions of two officers who were fighting along themselves”.

ASG Narasimha starts his arguments for CBI

Sr Advoc Rohatgi for Asthana starts his arguments, says he will not touch what was argued by AG & SG.

CJI clarifies “we are focusing only on the jurisdiction of the Centre in divesting charge of the DCBI”

Because there are no clear provisions for removal of DCBI, the appointing authority, ie Centre has the power to remove: Sr Advoc Rohatgi

If the CVC report is against Verma, Centre should take this issue to an logical end.
I am the whistle blower but am being painted in the same brush: Sr Advoc Rohatgi for Asthana concludes

Sr Advoc Nariman for Verma starts his rejoinder arguments.
The act says “DCBI should be in office for not less than two years... not that he can have a visiting card with such title without powers”, Nariman starts in his style 😊

There can’t be an acting CJI. There has to be a CJI as per the constitution. Same here. Can’t have an acting DCBI: Sr Advoc Nariman for Verma

When there is a provision for removal of a public service commission member why no such provision in DSPE Act, asks Justice KM Jospeh to Sr Advoc Nariman

Divesting of charges also means transfer. Also the DoPT order says “ACC has approved Nageshwar Rao shall take over the functions of DCBI” which shows Verma has been replaced by someone else: Sr Advoc Nariman

Can’t there be any acting DCBI ? CJI to Sr Advoc Nariman

Vineeta Narain judgment makes it clear that there can’t be any acting DCBI: Sr Advoc Nariman

Even SC can’t appoint any acting DCBI: CJI to Nariman

No. Your lordship have the power: Nariman

Bench rises for lunch. Hearing to continue post lunch

Sr Advoc Dave for Common Cause starts his arguments

Parliament when enacted the law for appointed for DCBI did not foresee such a situation would arise. The highest Committee has been put in place to select the DCBI, Centre can’t remove DCBI saying it’s an extraordinary situation and no provision n written to remove: Sr Advoc Dave

CVC has just monitor the functioning of the CBI, they can’t intervene and replace DCBI: Sr Advoc Dave

Today Govt by removing Verma as DCBI is singularly questioning the selection of the highest Committee which your lordship is also part of: Sr Advoc Dave

Sr Advoc Dave points out to CVC order while appointing Rakesh Asthana as Spl Director, says “CVC in that case said allegations raised can’t be relied upon during appointment unless it is proved but here same CVC order removal of Verma without nothing being proved”

All India Service rules can’t apply to DCBI, he is an appointee of the highest Committee.
DCBI will continue to be in office for not less than two years: Sr Advoc Dave

First alleged complaint against Verma was on Aug 24, after waiting two months all of sudden CVC ordered removal of Vermal. There is something more than what meets the eye here.
Why was he removed at 2 AM ? : Sr Advoc Dave

In CVC Act, there is a safeguard for the Chief Vigilance Commissioner from removal or suspension but there is no such safeguard for DCBI.
Can DCBI status be elevated more than the CVC ? Justice KM Joseph to Sr Advoc Dave

The safeguard in the act for DCBI is only in relation to the superannuation or making the DCBI untouchable ? CJI to Sr Advoc Dave

The Act protects the DCBI from transfer and also gives a fixed tenure: Sr Advoc Dave concludes.
Sr Advoc Sibal for Mallikarjuna Kharge starts

Centre Govt does not have the power to remove or transfer the DCBI, if the need arises, they can come before the committee.
CVC can supervise the functioning of the CBI in investigations & DCBI is the head of the administration of DCBI: Sr Advoc Sibal

If the DCBI is caught red handed, first the issue should be brought to the committee and gets transferred. The transfer will remove all the protection and then disciplinary provisions will come into act: Sr Advoc Sibal

Am I clear my lords: Sibal

You are more than clear: CJI

Verma and Common Cause case over, now let’s hear the IAs: CJI

On a lighter note, Sibal is saying if he becomes Home Minister, he does not wants the power to remove DCBI: Sr Advoc Dave

I am already in enough trouble: Sr Advoc Sibal

Sr Advoc Dhawan for AK Bassi starts his arguments challenging his transfer

Cat fight argument is to say we didn’t like what was happening, so we intervened.
When was the intervention ?: Sr Advoc Dhawan

This whole exercise was to turn the CBI upside down: Sr Advoc Dhawan concludes

Here ends the ‘long night’ of Oct 23 😊