Congress leader Mallikarjun Kharge on Saturday moved the Supreme Court seeking direction against the Centre’s decision of sending CBI director Alok Verma on leave, saying it was “illegal” and was in violation of the CBI Act.

He said the act was, “completely illegal, arbitrary, punitive, and without jurisdiction”.

In his petition, Kharge, who is the leader of the Congress in Lok Sabha, said only the three-member committee of the leader of the opposition, prime minister and the Chief Justice of India can take a decision on the appointment or removal of the CBI director as per the act.

He also said that the Central Vigilance Commission (CVC) has no power to act against the CBI director.

“Prime Minister Narendra Modi’s suo moto action of sending CBI director Alok Verma on leave is illegal and is in violation of the CBI Act,” Kharge told PTI while confirming that he had moved a petition in the Supreme Court in this regard.

Party sources said the Congress had asked Kharge, who is a member of the committee, to file a petition in this regard.

On October 25, Kharge had demanded answers from Prime Minister Narendra Modi over the action against CBI director Alok Verma without consulting other members of the panel that selected him.

In a strongly-worded letter to the prime minister, Kharge accused him of acting “arbitrarily” and creating a “false equivalence of charges” between the CBI director and his deputy Rakesh Asthana.

Kharge was part of a three-member panel headed by Modi that had selected Verma last year to head the CBI. The then Chief Justice of India Jagdish Singh Khehar was the other member of the selection committee.

He said that “no meeting of the selection committee was convened to deliberate on this issue as prescribed under the law”.

The Congress leader also accused Modi and his government of resorting to “snooping” on Verma to “cover-up” the Rafale ‘scam’.

He further alleged that there was a “pretence” to protect certain people and exclude others in an attempt to control the CBI, in violation of Supreme Court guidelines and the CBI Act.

Read | CBI chief Alok Verma, Asthana sent on leave; Nageshwar Rao takes over as interim chief

In an unprecedented move, the Central Bureau of Investigation divested Director Alok Verma and Special Director Rakesh Asthana from their duties as the two hit out at each other over bribery accusations in the meat exporter Moin Qureshi money laundering case.

(With PTI inputs)