Day 3 Arguments: 16th November 2018

Today the Court reviewed the reports submitted by the Central Vigilance Commission (CVC) and CBI Interim Director Rao. The Bench comprising CJI R Gogoi, Justice KM Joseph and Justice SK Kaul granted the CVC more time to complete its investigation.


On 26th October, the Court had ordered the CVC to complete its investigation into CBI Director Alok Verma and to submit a report of the investigation to the Court prior to the 12th November hearing. The investigation was to be conducted under the supervision of retired Justice AK Patnaik. Further, the Court had ordered the Interim Director to submit a report on all actions taken by him between 26th October and the subsequent hearing, 12th November.


In the 12th November hearing, the CVC and the Interim Director submitted their respective reports. The Court expressed its dissatisfaction with the fact that the CVC had failed to file its report prior to the hearing.


In today's hearing, the Court took on record the report filed by the CVC and Retd. Justice A K Patnaik. The Court noted that the report was mixed as it stated that certain allegations against Mr. Verma did require further probe. The CVC also sough more time to further enquire into the allegations made against Mr. Verma. CJI Ranjan Gogoi also agreed to supply a copy of the same to Mr. Fali Nariman, counsel for petitioner Alok Verma. It was further directed that the report be supplied to Mr. Nariman in a sealed cover to maintain its confidentiality. 

A copy of the report has also been made available to the Mr.Tushar Mehta, counsel for the Central Vigilance Commission, upon a request being made by him before the Court.


The Court declined the request by Mukul Rohatgi, counsel for Special Director Rakesh Asthana, to make the CVC's report public. Mr. Rohatgi's application for impleadment was also not allowed by the Court. The Bench also did not pass any orders on the issue of transfer of Mr. A K Bassi, the CBI officer incharge of the investigation into allegations made against Mr. Rakesh Asthana.


The Court directed Fali Nariman, to submit a reponse to the CVC's report in a sealed cover by 1 PM  on Monday, 19th November.


The matter is listed for Tuesday, 20th November. The Court has also agreed to hear the petition filed by Mr. Mallikarjun Kharge questioning the unilateral decision by the Central government to remove the Director of CBI on the said date.

(Court reporting by Disha Chaudhry)