Was the CBI Director Alok Verma Removed Illegally?

Was the CBI Director Alok Verma Removed Illegally?

The recent controversies surrounding the forced removal of Alok Verma, the director of the Central Bureau of Investigation (CBI), have once again brought to the fore the dynamics of power and governance in India. The events surrounding Verma’s removal paint a complex and troubling picture of the modus operandi of the current Modi government, raising significant questions about the independence and integrity of India’s judiciary and law enforcement agencies.

The Constitutional Crisis

If the question is about the decision made in October 2018, the process of removing Alok Verma was indeed deemed illegal by the Supreme Court (SC). However, the January 2019 decision did not follow the prescribed legal process and, hence, was not illegal. The involvement of the prime minister, the Chief Justice of India (CJI), and the leader of the opposition in the decision-making process underscored the constitutional crisis faced by the CBI. According to the law, such decisions should be taken by a high-powered selection committee that includes the prime minister, the CJI, and the leader of the opposition. The appointment of Justice Sikri in his stead by the CJI further suggests an attempt to circumvent the proper procedures.

The BJP Regime's Assault on Democracy

The BJP regime has been accused of subverting constitutional norms and tearing through the fabric of democracy. The recent move to remove Alok Verma from his position is not an isolated incident; it is part of a broader pattern of the Modi government’s attempts to control and influence independent institutions.

The forced removal of Verma overnight had an air of a midnight coup. It was a result of the government’s desperate attempts to protect one of its officials, Rakesh Asthana, who is frequently referred to as the PM’s "blue-eyed boy." Verma’s opposition to Asthana's elevation and his investigation of several politically sensitive cases have been cited as the main reasons for his removal.

Verma’s case is particularly significant as it is the second instance of a CBI director being removed since 1999, and both instances involved BJP governments. The unparalleled rush to remove Verma based on reports of corruption and without providing him a proper hearing has raised serious ethical and legal concerns. The involvement of the Central Vigilance Commission (CVC) in the decision-making process, despite lacking substantial evidence, further highlights the government’s hurried and likely politically motivated actions.

The Courts and Independent Institutions

While the Supreme Court initially held that Verma’s removal was unconstitutional and reinstated him, it also referred the matter to a high-powered selection committee. This committee, which includes the prime minister, the leader of the opposition, and a representative of the CJI, is tasked with making a fair and impartial decision. However, Prime Minister Narendra Modi immediately convened this committee and again removed Verma from his position. The haste and lack of substantial evidence presented to the committee by the CVC has been a cause of dissent among opposition politicians and retired Supreme Court justices. For instance, Justice A K Patnaik, a retired Supreme Court judge who supervised the CVC inquiry, emphatically stated that there was "no evidence of corruption" against Verma, adding that "the CVC's claims cannot be the final word." His comments highlight the secretive and politically motivated nature of the decision-making process.

The Broader Implications for Indian Democracy

These events are part of a larger attack on the very foundations of Indian democracy. The current government’s actions have politicized institutions that were designed to be independent of executive control. The use of law enforcement agencies, such as the CBI, to investigate political corruption and then remove their directors for no valid reason sends a disturbing signal that such institutions can be controlled and manipulated for political gain.

The Indian democracy is facing unprecedented challenges, and independent institutions must be protected to maintain the integrity and strength of the democratic system. It is paramount that the public stands united to resist any form of pressure on democratic institutions. The removal of Alok Verma highlights the need to address these issues urgently to preserve the foundation of India's democracy.

Conclusion

The removal of Alok Verma from his position raises serious concerns about the integrity and independence of India’s law enforcement agencies and judiciary. The haste and lack of substantive evidence in both of these decisions underscore the importance of upholding constitutional norms and the rule of law. The public must remain vigilant and united to protect the democratic institutions that are crucial to sustaining India's democracy. It is time to rise in rage against the chowkidar (watchman), as ensuring the integrity of our institutions is integral to the survival of our democracy. Let us not allow the current administration to undermine the very fabric of our nation’s democracy.