Publication of CBI DIG's affidavit, Verma's reply to CVC upsets court; hearing on Nov 29
The Supreme Court on Tuesday expressed serious displeasure over the purported leak of CBI Director Alok Verma’s reply to the CVC’s findings against him over corruption allegations as also the publication of sensational charges levelled by the agency’s DIG Manish Kumar Sinha and told their lawyers none of the parties “deserved” any hearing.
Making it clear that the court is not a “platform” where people can come and express “whatever they want”, an anguished Bench headed by Chief Justice Ranjan Gogoi heard the matter twice during the day and said it would not hear any party, including the CVC, and confine itself to the purported leak and publication of Sinha’s allegations in the media.
The court was apparently irked over the publication of contents of Sinha’s petition in newspapers and Verma’s reply to a questionnaire to the CVC in a news portal. The court had earlier directed all the parties to maintain the practice of submitting report and replies in sealed cover in order to protect the credibility of the institution of the CBI.
The Bench that included Justices SK Kaul and KM Joseph vent its ire at the start of the hearing and reminded the parties that its earlier order asking them to maintain confidentiality of the CVC’s preliminary enquiry report and Verma’s response to it was intended to ensure “respect” and the integrity of the CBI.
As soon as the hearing commenced, the Bench referred to an article published by a news portal and solicited response from senior advocate Fali S Nariman, representing Verma, by saying, “It is only for you Mr Nariman and not as a counsel for Alok Verma. We have given this to you as you are one of the most respected and senior members of the institution. Please help us.”
After going through the news report, Nariman asserted it was totally “unauthorised” and he was very “disturbed and shocked” by the “leak”. He also questioned the move by lawyer Gopal Shankaranarayanan, who is also representing Verma, to mention the matter in the court on Monday to seek additional time to file the reply on behalf of the CBI Director.
After providing the copy of the news report to Nariman, the Bench adjourned the hearing to November 29 on Verma’s plea challenging the Centre’s decision to divest him of duties and sending him on forced leave, saying, “We do not think any of you deserve any hearing”.
Nariman, however, re-entered the courtroom after a few minutes and mentioned the case seeking re-hearing which was allowed.
When the hearing re-commenced, Nariman told the court that the news article in question was published by the portal on November 17 and it was related to Verma’s reply given to the CVC during the preliminary enquiry proceedings. The SC order asking the CBI chief to respond to the vigilance probe’s finding was passed only the previous day, Nariman contended.
During the first round of hearing of the day, Nariman while referring to the media report said, “This gives a new twist to the word responsible press and freedom of press.” Nariman also said the news portal and its journalists concerned be summoned by the court.
“How can this come? It’s a leak. I myself am shattered the way it has been done,” he said.
The Bench also referred to Nariman about the news articles published based on the allegations levelled by CBI’s DIG Sinha in his separate plea challenging his transfer to Nagpur following the shake-up in the agency after Verma and his deputy Rakesh Asthana were benched.
“Yesterday, we had refused the mentioning (seeking urgent listing of Sinha’s plea) and we had expressed that highest degree of confidentiality was to be maintained. But here is a litigant who mentions it before us and then goes out to distribute the petition to everyone,” miffed Gogoi said.
“Our efforts to maintain the respect of this institution are not shared by these people. They are giving it to everybody,” the CJI added.
When Solicitor General Tushar Mehta, appearing for the CVC, stood up to argue, the Bench tersely told him, “We will not hear anything. We will not hear anybody.”
The Bench then told Nariman about the news articles on Sinha’s plea and said, “This is yesterday’s article. We want to know what is going on. This court is not a platform for people to come and express whatever they want. This is a place where people come for adjudication of their legal rights. This is not a platform and we will set it right.”
When the matter was being re-heard, Shankaranarayanan referred to the arguments advanced by Nariman and said that he wanted to “clear his name” which has come under the “cloud”.
Shankaranarayanan said Nariman has submitted that he was not authorised to mention the matter and seek time for filing Verma’s reply without the consent of the senior lawyer.
“We are not prepared to hear Mr Gopal Shankaranarayanan. We are prepared to hear Mr Nariman only. We want this place clear. As far as this court in concerned Mr Shankaranarayanan, nobody is under any cloud,” the CJI said.
Sinha on Monday dragged the names of National Security Adviser Ajit Doval, Union Minister Haribhai Parthibhai Chaudhary and CVC KV Chowdary over alleged attempts to interfere in the probe against CBI Special Director Rakesh Asthana.
The Union Minister named by Sinha has termed the allegations as baseless and malicious.
