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CBI: Verma can go ahead with probes except for the one against Asthana

New Delhi, Jan 9: With Alok Verma set to resume duties as the CBI director, the big question is what role would he perform. The Supreme Court while reinstating Verma had said that he cannot take any major policy decisions until the final stamp of approval is given by the Selection Committee comprising the Prime Minister, Leader of Opposition and Chief Justice of India.

Rakesh Asthana and Alok Verma

Does probing a matter come under the definition of a policy decision. The lacuna is that there is no written law that defines a policy decision by the CBI.

However legal experts explain that going by what the Supreme Court said, the Director cannot take major policy decision, but will have to confine himself to routine functions.
A routine function of a Director includes, registration of preliminary enquiries, supervising court trials, transfers and also receiving complaints.

This clearly means that the investigations can go on and new complaints can also be recited by the Chief as it does not fall under the ambit of a policy decision.

It may be recalled that during the pendency of this case, the SC had barred M Nageshwar Rao from taking any major policy decision. However he had given permission for the registration of FIRs and also filing of chargesheets. This would mean that there would be no bar on Verma from doing the same.

Verma is however unlikely to go ahead with the investigation against Rakesh Asthana. A case had been registered accusing Asthana of corruption. Asthana had however moved the Delhi High Court against the same and orders in this regard have been reserved. This is likely to come in the way of the probe against Asthana going on until the Delhi HC delivers its verdict.

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