AS IT HAPPENNED:15:56: Today's hearing comes to an end. Next hearing on Wednesday
15:40 : Attorney General K K Venugopal submits to the SC that the committee selects a group of candidates for the appointment of Director of CBI, and puts it up before the govt. Then, it is the government which appoints the right candidate, out of these (ANI)
CBI corruption case: Official probing FIR against Rakesh Asthana moves SC, challenges his transfer to Nagpur
15:00 pm: Senior Advocate Rajeev Dhavan now making his arguments on behalf of AK Bassi. There is an emphasis on autonomy with a guaranteed 2-year tenure, says Rajeev Dhavan. The non-obstante clause in Section 4B overrides all rules. No rule can be invoked to whittle away the two-year tenure, argues Rajeev Dhavan. If there is a lacuna in the Act, only Your Lordships can fill the same. They (Govt) cannot act claiming that they will plug the lacunae states Rajeev Dhavan.
14:55 pm: Yes, that is my submission, says Kabil Sibal.
14:50 pm: Are you saying CBI Director can’t be touched by government, transferring him, sending him on leave, suspending him and that it can be done only by Committee, asks CJI Gogoi.
14:45 pm: Kapil Sibal representing Mallikarjun Kharge submitted to SC that "the ambit of power of superintendence of CVC is limited. They can’t simply use this to remove a Director of the CBI, or seal his office."
14:44 pm: The order by CVC is outside the ambit of power of superintendence of the CVC, submits Kapil Sibal. The power of superintendence cannot override Sections 4A and 4B of DSPE Act, he argues. This matter has to go to the Committee. The Committee can then take a decision based on the material on record, states Sibal. What happened to CBI today could happen to CVC tomorrow, argues Sibal.
14:30 pm: Kapil Sibal commences arguments for Mallikarjun Kharge, leader of Opposition in Lok Sabha.
14:20 pm: Selection committee alone has been entrusted both by Your Lordships and the Parliament to take such an action. Hence, this present order falls foul of rule of law, says Dushyant Dave. For the same reason, appointment of M Nageshwar Rao as interim director should also be set aside, Dushyant Dave concludes.
14:15 pm: Dushyant Dave submits that it is settled principle in administrative law that what cannot be done directly cannot be done indirectly. This in the context of Govt issuing a leave order instead of transfer order.
13:00 pm: In matters of discipline, CVC has no role to play, says Dushyant Dave.
12:55 pm: Dushyant Dave begins arguments for NGO Common Cause. For now, the arguments will be limited to the aspect of deference to the Committee.
12:50 pm: If he was to be transferred, they should have consulted the Committee. They have not transferred him, but still divested him of his powers by the leave order asks Fali Nariman. What was the purpose of all this, asks Fali Nariman. The leave order will not stand without permission from the Committee says Fali Nariman.
12:44 pm: It is not that he cannot be transferred; he can be, but it should be with the consent of the Committee, says Fali Nariman.
12:40 pm: CBI Director shall not be transferred except with the previous consent of the Committee, says Fali Nariman. With effect from 2014, the appointment of the CBI Director is to be done by a Committee consisting of the Prime Minister, the Leader of Opposition and the Chief Justice of India. If there is no leader of the opposition, then the leader of the single largest party will be part of the committee, submits Fali Nariman.
12:37 pm: Fali Nariman cites Vineet Narain’s case regarding the appointment of CBI officers, functioning and independence of CBI.
12:33 pm: Senior lawyer Fali S Nariman, appearing for CBI director Alok Verma, submitted to Supreme Court that CBI Director should have a minimum period irrespective of his superannuation. He also said that Director's transfer should be cleared by Selection Committee which selected him.
12:10 pm: Hearing begins in Supreme Court. The apex court is hearing CBI director Alok Verma's plea challenging the government's order divesting him of his duties and sending him on leave in view of graft allegations against him.