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MALLIKARJUN KHARGE MEMBER’ OF PARLIAMENT LEADER OF CONGRESS PARTY IN THE LOK SABHA, CHAIRMAN PUBLIC ACCOUNTS COMMITTEE PARLIAMENT HOUSE NEW DELHI SUBMISSIONS FOR HIGH POWERED COMMITTEE MEETING ON JANUARY 10, 2019 This meeting is being called pursuant to the directions of the Hon'ble Supreme Court in its Judgement in the matter of Alok Kumar Verma v. Union of India, dated January 8, 2019 (“CBI judgement’). The Central Vigilance Commission (“CVC”) had submitted a report to the Hon’ble Supreme Court under sealed cover on November 12, 2018. A copy of the CVC report, which contains the details of the allegations and charges made against Shri Alok Verma, was provided on January 09, 2019, to enable me and other members of the Committee to reflect upon and participate in the proceedings in an informed manner. Having examined the contents of the CVC report, it is my considered opinion that Shri Alok Verma be allowed to explain himself before this Committee, along with the charges made against him, prior to any decision being taken. Without prejudice to the above, I would like to place on record the following four important issues that the Committee must mandatorily take a decision upon: - I. Restoring unto Shri Alok Verma the full extent and authority of powers under his Office. In the CBI judgement, the Hon'ble Supreme Court has clearly and compellingly stated that the order passed by the CVC dated October 23, 2018 was illegal and without authority. However, the Hon'ble Supreme Court has left it to the discretion of the High-Powered Committee to restore the full extent of the powers and authority. enjoyed by the CBI. In the circumstances, there can be no alternative but to restore unto Shri Alok Verma the full range of authority enjoyed by the office of the Director, Central Bureau of Investigation CBI’), so as to ensure the independence and neutrality of the CBI. Il. Restoring unto Shri Alok Verma the complete tenure that he had been wrongfully deprived of. ‘As has been held by the Hon’ble Supreme Court in the CBI judgement, the orders dated October 23, 2018, issued by the CVC and the Department of Personnel and ‘Training, Ministry of Personnel, Public Grievance and Pensions, Government of India (‘DoPT”), were void and illegal. Office: Room No. 51, Parliament House, New Dethi-110 001 + Phone: 011-23034605, Telefax: 01 1-23017564 Residence: 9, Safdarjung Road, New Delhi-110 011+ Phone: 011-23793068, 23793082 Lumbini Aiwan-E-Shahi Area, Kalaburagi-585 102 « Phone: 08472-25555 #289, 17th Cross, Sadashivanagar, Bangalore-560 080 + Phone: 080-23615555, 23618888, Sees « KHARGE ae CHAIRMAN PARLIAMENT PUBLIC ACCOUNTS COMMITTEE CONGRESS PARTY PARLIAMENT HOUSE (HE LOK SABHA NEW DELHI ‘Therefore, in the interests of justice, equity and good conscience, there can be absolutely no alternative but to extend the terms of service of Shri Alok Verma as Director, CBI, to the full two years, as mandated under law. Since the Hon'ble Supreme Court has treated the forced ‘leave’ as a de facto ‘transfer’ and struck down the same, then in compliance with the law laid down in Section 4B(1) of the Delhi Special Police Establishments Act, 1946 and the law laid down by the Supreme Court in the case of Vineet Narain v. Union of India (1997), which was also affirmed in the CBI judgment, this Committee is under a statutory obligation to ensure that Shri Alok Verma is allowed to serve the full two-year period. Accordingly, his tenure of two years must be completed by allowing him to continue as CBI Director for an additional period of 77 days, which is the number of days lost by him on account of the patently illegal orders of CVC and DoPT dated October 23, 2018. Ill. Lack of substantial findings against Shri Alok Verma in the CVC Report submitted to the Hon’ble Supreme Court Itis submitted that the CVC report submitted to the Hon'ble Supreme Court under sealed cover does not arrive at any conclusive or substantial findings with respect to the various allegations against Shri Alok Verma. A brief summary of the findings of the CVC in its report is given below: ~ ALLEGATION - _ FINDINGS ‘Influencing investigation by taking | No evidence of payment of bribe; bribe further investigation required for | verifying circumstantial evidence ~ | (a) Exclusion of a suspect from being | Allegation (a) substantiated; amounts named as accused in an FIR-| to serious misconduct and warrants IRCTC case disciplinary and other actions. (b) Tried to call off searches/raids in | Allegation (b) not substantiated. | Patna Mffice: Room No. 51, Parliament House, New Dethi-110 001 + Phone: 011-23034605, Telefax: 011-23017564 Residence: 9, Safdarjung Road, New Delhi-110 011+ Phone: 011-23793068, 23793082 Lumbini Aiwan-E-Shahi Area, Kalaburagi-585 102 « Phone: 08472-255555 H9RO_ 17th Croce Sadachivanagar Ranealore-560 ORO + Phone: 080-23615555. 23618888 a «KHARGE See CHAIRMAN. PARLIAMENT PUBLIC ACCOUNTS COMMITTEE CONGRESS PARTY PARLIAMENT HOUSE HE LOK SABHA NEW DELHI 3. |Inordinate delay in finalizing | Allegation found to be correct ] investigation report in bank fraud case against main accused, indicating favouritism towards the main accused 4. | Transfer of SIR related to Joint | Allegation not substantiated | Director, CBI 5. |Not taking action on certain | Allegation not substantiated intelligence inputs | 6 | Illegal gratification in ongoing | Allegation not _ substantiated; preliminary enquiry against land | further enquiry will be required | acquisition in Haryana | 7. [Failure to take action in gold | Allegation partially substantiated; smuggling case at IGI Airport recommended to be re-investigated by | a different branch of CBI | 8. | Helping the cattle smugglers- | Allegation not substantiated | commandant of BSF 9. | Attempts to induct tainted officers | Allegation found to be into CBI substantiated | 10. | Undue interference in CBI cases | Allegations have either not been against ED officials substantiated or require further investigation The following conclusions can be drawn from a perusal of the CVC report: (a) Out of the 10 allegations made, 6 (S. Nos. 1, 2, 4, 5, 6 and 8 above) are found to be unsubstantiated /false; 4 (S. Nos. 1, 6,7 and 10 above) are found to be in need of further investigation as an inconclusive finding has been arrived at and 4 (S. Nos. 2, 3, 7and 8 above) are found to be prima facie substantiated and on the basis of circumstantial evidence, found to be unflattering to Shri Alok Verma. (b) However, itis clear that in the case of criminal charges, the burden of proof is beyond reasonable doubt. In the four cases where the CVC returns unflattering conclusions, even they admit that there is no proof of any pecuniary benefit, no unimpeachable Yffice: Room No. 51, Parliament House, New Delhi-110 001 « Phone: Résidence: 9, Safdarjung Road, New Delhi-110 011+ Phone: Lumbini Aiwan-E-Shahi Area, Kalaburagi-585 102 + Phi #289, 17th Cross, Sadashivanagar, Bangalore-560 080 + Phoné 1 1-23034605, Telefax: 011-230175647 11-23793068, 23793082 one: 08472-255555 1: O80-72415555 Dratanee