ALOK KUMAR VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) That the Rule of law is the bedrock of democracy would hardly require any reiteration. However firmly entrenched the principle may be, it gets tested in a myriad of situations that confronts the courts from time to time. The present is one such occasion.

(2.) On 23rd October, 2018, the Central Vigilance Commission (hereinafter referred to as "CVC") passed an order divesting Shri Alok Kumar Verma, Director, Central Bureau of Investigation (hereinafter referred to as "CBI") of the powers, functions, duties, supervisory role, etc. vested in him as the Director of the CBI. The exercise of said power by the aforesaid order dated 23rd October, 2018, signed by the Central Vigilance Commissioner and two other Vigilance Commissioners holding office, is stated to be under Section 8(1)(a) and 8(1)(b) of the Central Vigilance Commission Act, 2003 (hereinafter referred to as "the CVC Act") read with Section 4(1) of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as "DSPE Act"). The divestment of Shri Alok Kumar Verma, Director, CBI of his functions, powers, duties and supervisory role, specifically, is in respect of all cases already registered and/or required to be registered and/or being inquired/enquired/investigated under the Prevention of Corruption Act, 1988 (hereinafter referred to as "PC Act").

(3.) The aforesaid order is stated to be in the nature of an interim measure till completion of an inquiry into the allegations contained in a complaint dated 24th August, 2018 submitted/forwarded by the Cabinet Secretary by letter dated 31st August, 2018 to the CVC.