Republic TV has accessed the order copy issued by the CVC affecting the clean-up in the CBI which has seen the agency's two top officials, Director Alok Verma and Special Director Rakesh Asthana, being sent on leave following the allegations and counter-allegations they had levelled against each other.
In the CVC's letter, the following points are highlighted:
The Cabinet Secretary had forwarded a complaint regarding allegations against senior functionaries of the CBI requesting urgent appropriate action.
CVC found the following allegations to be serious in nature:
- Regarding the payment of Rs 2 crore as bribe by Satish Babu Sana to Director CBI to avoid further action in Moin Qureshi case
- Alleged interference by Director CBI to exclude a suspect in the IRCTC case and for not conducting search at premises of Lalu Prasad Yadav.
- Other allegations
The Director CBI was then issued notices, and, in response, informed the CVC about concerns over the integrity of Asthana being true, with evidence of alleged criminal misconduct in at least half a dozen cases. At this point, the CBI requested that the complaint by Asthana should be viewed as a desperate attempt by a tainted officer to intimidate officers of various ranks in the CBI. CBI also sought to know the identity of the complainant. CVC responded that the complainant's identity cannot be disclosed and that verification of the contents of the complaint is more important. It also spoke about a report that the CBI ought to have furnished regarding an allegation made against Rakesh Asthana in a secret note that was forwarded to the Director CBI.
After detailing procedure, the CVC goes on to speak about oral and written representations made by Rakesh Asthana that Alok Verma is "prejudiced against him and is trying to implicate him in certain cases". It proceeds to the CBI registering a case against Asthana based on the complaint by Satish Sana, an accused in a case Asthana was investigating, and the subsequent arrester of Investigating Officer Devender Kumar.
CBI's JD SIT Sai Manohar then submitted a letter containing a top-secret note recorded by Rakesh Asthana that Sana paid a Rs 2 crore bribe to Director CBI to avoid any action.
The relevant portion speaks about the Director CBI being non-compliant and reads as follows:
"Sh Sai Manohar JD SIT, CBI submitted a letter dated 22.10.28 enclosing therewith a Top Secret note recorded by Special Director CBI Sh Asthana on information allegedly received from a source in Noin Qureshi case that Sh. Satish Sana paid a bribe of Rs 2 crore to Director CBI to avoid any action. The said note mentions some more allegations and was marked to JD SIT with directions that he be informed of the developments on investigation on day to day basis. A copy of a handwritten statement dated 1.10.18 allegedly written by Sh Satish Babu at CBI HQ stating that he had discussed his case with an old friend and a prominent person who allegedly stated that he would talk to concerned Director and inform. He alleges that this contact person met Director, CBI, apprised him of the repeated examinations and has been assured that he would not be called again for interrogation. It is stated that he was under the impression that the investigation against him was completed till he was detained at Hyderabad Airport."
"From the aforesaid, it may be observed that Director, CBI has not been cooperating in making available the records/files sought by the Commission relating to certain serious allegatios referred to above. Opportunities have been given for producing such records. After seeking several adjournments, CBI assured the Commission vide letter dated 24.9.18 that records/files will be furnished within 3 weeks. Despite repeated assurances, the records/files have not been submitted."
On this, it adds:
"From the aforesaid the non cooperation with the Commission, non compliance with the requirements/directions of the Commission, and willful obstruction in the functioning of the Commission is established."
Finally, after listing various legal provisions, it concludes:
"Keeping in view these provisions and various rulings of the Honourable Supreme Court on the interpretation of "superintendence" and the present situation prevailing in the CBI, the Commission after a serious and due consideration of all the facts and circumstances and pending the process of inquiry into every issue arising in view of allegations and counter allegations directs that Alok Verma, Director, CBI, be hereby divested of and shall not exercise any function, power, duty and supervisory role in respect of cases already registered and /or required to be registered and/or being inquired/enquired/investigated under the provisions of the PC Act 1988 till this interim measure is varied/modified/vacated."
Here is the full order: