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CBI Vs CBI: 'Centre Doesn't Have Powers To Remove Alok Verma' Argues Kapil Sibal, Sc Adjourns Hearing To 5 Dec

PRERNA YADAV | 1
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| November 29 , 2018 , 17:53 IST

The Supreme Court hearing on CBI Director Alok Verma’s plea against his interim leave was adjourned to Wednesday, 5 December.

During a hearing of the plea filed by Alok Verma on Thursday, November 29, senior lawyer Kapil Sibal said that even the Supreme Court does not have the power to remove or transfer a CBI chief.

Sibal was arguing on behalf of Leader of Opposition Mallikarjun Kharge, who has moved the apex court stating that the government’s move to send Verma on leave was in violation of the CBI Act.

Sibal said the power to remove the CBI chief was with the selection committee. The selection committee comprises of the Prime Minister as the chairperson, the Chief Justice of India and the Leader of Opposition.

“If the power to appoint is with the committee, the power to remove is also with the committee. If this has happened to the CBI director, this may happen to CVC or the Election Commission also,” Sibal remarked raising questions on the autonomy of independent organisations.

The senior lawyer said the power of the CVC under Section 8(1)(a)(b) of the CVC Act cannot be used to strip CBI director of his charges.

With hearing commencing, Attorney General KK Venugopal, arguing for the Central Government, said the appointing authority of the CBI director is the Centre, and underlined the difference between the Selection Committee and the appointing authority, reported Live Law.

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The Centre appoints from the names recommended by the Selection Committee, he reportedly said.

CJI Ranjan Gogoi also reportedly said that the court is yet to take judicial note of the CVC inquiry report, and if it does so, then the various parties will be given a chance to file their replies.