Thread by @utkarsh_aanand

#SupremeCourt questions Govt and CVC in #CBIvsCBI: "Why not be completely fair? What's the difficulty in consulting the Selection Committee? It is better to consult the Selection Committee than not to consult."

https://twitter.com/utkarsh_aanand/status/1070557373742415872

#CBIvsCBI: "The essence of every government action is what's the best for administration. It is not only a question of adherence to law but better adherence to law," #CJI tells Solicitor General Tushar Mehta.

#CBIvsCBI: The Court adds even if exigencies occur, is it not advisable to go to the Committee at some stage? "This hasn't happened overnight and the AG said this yesterday. If the Govt and CVC tolerated this since July, then why not go to the Selection Committee?"asks SC.

#CBIVsCBI: #CVC justifies its decision to divest both #AlokVerma & #RakeshAsthana of powers. Mehta says instead of investigating serious corruption cases, both officers started investigating each other |@News18Courtroom

#CBIVsCBI: According to Mehta, it is an interim order to protect the institution and that not doing anything in such exigencies would have amounted to dereliction of duty on the part of the #CVC.

#CBIVsCBI: Justice KM Joseph asks Mehta whether exiling #AlokVerma was a proportional step when there happened to be nothing more but one complaint against him. Mehta requests judge not to go on facts. "There will have much more to be said on facts," replies SG.

#CBIVsCBI: After Tushar Mehta concludes, A-G gets up to make more points. He calls it an "artificial" argument to consider this as a transfer. "If this proposal was placed before the Selection Committee, it would have been returned saying where's the transfer?" says Venugopal.

#CBIVsCBI: Mukul Rohatgi appears for #RakeshAsthana, seeks to argue as an officer of the court on the jurisdictional issue. He says by virtue of being the appointing authority, the Central Govt will always have the power to take disciplinary actions.

#CBIVsCBI: Rohatgi tends to make a point as lawyer for #RakeshAsthana.
Rohatgi: Report is partly adverse against #AlokVerma
#CJI: We've already said this
Rohatgi: So the Govt must probe him but it is not
#CJI: Now you're not arguing as officer of the court. Don't argue otherwise.

#CBIVsCBI: Fali S Nariman starts rejoinder arguments. He points out that the importance of being the #CBI director is not to have your post written in your visiting card & thus it is not enough for the Govt to send him on leave & then say #AlokVerma is still the director.

#CBIVsCBI: Nariman, arguing for #AlokVerma tells #SupremeCourt that there can't be any acting director of #CBI since the law doesn't envisage this. "There can't be an acting #CJI and likewise there can't be acting director for the #CBI," says Nariman.

#CBIVsCBI: Nariman counters Attorney General's arguments on transfer. "House, cars.. What kind of arguments are sought to be made. He is no more the #CBI director than I could be in the present situation," says Nariman. Arguments will continue post lunch.

#CBIVsCBI: Nariman concludes submissions.
Earlier ASG PS Narasimha appeared for #CBI & in brief, argued against #AlokVerma. He supports Govt that there was no need to go to the Selection Committee before taking disciplinary action against Verma. So #CBI argued against its boss.

#CBIVsCBI: Dushyant Dave starts submissions on behalf of NGO Common Cause. He questions why Govt applied different standards to #AlokVerma & #RakeshAsthana. "There was no exigency. There's more than what meets the eye. Verma was to be stopped from doing something," adds Dave.

#CBIVsCBI: Kapil Sibal commences arguments on behalf of #Congress leader Mallikarjun Kharge.

Sibal: #CBI investigates several cases such as Aarushi etc.

#CJI: Yes..#CBI investigates a lot of cases...many of which were ordered by us on PILs filed by Mr Prashant Bhushan.

#CBIVsCBI: "Please don't give this handle to the Govt to suspend or divest of power any #CBI authority. This will affect the independence of the #CBI & will render the Vineet Narain judgment toothless," Sibal tells #SupremeCourt.

#CBIVsCBI: As Sibal wraps up his arguments,
Dushyant Dave: Mr Sibal says he won't want to exercise this power when he is the Home Minister

Sibal: As if I am not already in enough troubles...

#CBIVsCBI: #SupremeCourt reserves its verdict on the petition by #AlokVerma. Court will rule upon if the Govt had the authority to strip Verma off his duties and powers.