IMPORTANT POINTS
Section 4A and Section 4B of DSPE Act intends to ensure complete insulation of office of the Director, CBI from all kinds of extraneous influences, as well as to uphold integrity and independence of the institution of the CBI as a whole.
The power to take interim measures against the Director, CBI has not been conferred in any authority of the State.

JUDGMENT :

Ranjan Gogoi, CJI.

1. 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.

2. On 23rd October, 2018, the Central Vigilance Commission (hereinafter referred to as “CVC”) passed an order divesting Shri Alok Kumar Verma, Director, Central Bureau of Investigation (hereinafter referred to as “CBI”) of the powers, functions, duties, supervisory role, etc. vested in him as the Director of the CBI. The exercise of said power by the aforesaid order dated 23rd October, 2018, signed by the Central Vigilance Commissioner and two other Vigilance Commissioners holding office, is stated to be under Section 8(1)(a) and 8(1)(b) of the Central Vigilance Commission Act, 2003 (hereinafter referred to as “the CVC Act”) read with Section 4(1) of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as “DSPE Act”). The divestment of Shri Alok Kumar Verma, Director, CBI of his functions, powers, duties and supervisory role, specifically, is in respect of all cases already registered and/or required to be registered and/or being inquired/enquired/investigated under the Prevention of Corruption Act, 1988 (hereinafter referred to as “PC Act”).

3. The aforesaid order is stated to be in the nature of an interim measure till completion of an inquiry into the allegations contained in a complaint dated 24th August, 2018 submitted/forwarded by the Cabinet Secretary by letter dated 31st August, 2018 to the CVC.

4. The said order dated 23rd October, 2018 of the CVC was followed by an order of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training of the same date i.e. 23rd October, 2018 divesting Shri Alok Kumar Verma, Director, CBI of his functions, powers, duties and supervisory role in any manner as the Director, CBI with immediate effect and until further orders.

5. There is yet another order of the same date i.e. 23rd October, 2018 of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training by which one Shri M. Nageshwar Rao, IPS, Joint Director, CBI has been asked to look after the duties and functions of Director, CBI with immediate effect.

6. The legality and validity of the aforesaid three orders is the subject matter of challenge in Writ Petition (Civil) No.1309 of 2018 filed by Shri Alok Kumar Verma as well as in Writ Petition (Civil) No.1315 of 2018 filed by Common Cause which claims to be a registered society established/founded in the year 1980 by one late Shri H.D. Shourie for the purposes of “ventilating the common problems of the people and securing their resolution”.

7. In addition to interference with the aforesaid three orders, in the writ petition filed by Common Cause, further prayers have been made, inter alia, seeking removal of one Mr. Rakesh Asthana, Special Director, CBI (respondent no.4 in Writ Petition (Civil) No.1315 of 2018) from the CBI and for constituting a Special Investigating Team (“SIT” for short) to go into the charges of corruption against the officials of the CBI and also the FIR lodged against Mr. Rakesh Asthana, Special Director, CBI, details of which are mentioned in the writ petition filed by Common Cause.

8. The order of the CVC dated 23rd October, 2018 is fairly long and elaborate. What is essentially stated therein is that a complaint dated 24th August, 2018 was forwarded to the CVC by the Cabinet Secretary by letter dated 31st August, 2018 which, prima facie, revealed charges of corruption against the Director, CBI, Shri Alok Kumar Verma. The CVC considered it worthwhile to take note of the contents thereof and had sought the explanation/comments of the Director, CBI along with the relevant record(s). According to the CVC, instead of cooperating in the matter, the Director, CBI