Court refuses to quash FIR against Spl Director, vacates order granting protection against criminal proceedings
In a setback to Central Bureau of Investigation (CBI) Special Director Rakesh Asthana, the Delhi High Court has refused to quash FIR against him and ordered the agency to investigate the charges. The court also directed the CBI to complete the investigation within 10 weeks and file a charge sheet.
The HC also rejected the contention the CBI should have taken the government's sanction before registering the case, underlining that when a cognisable offence is alleged to have been committed, there must be a probe.
In his petition, Asthana had challenged the FIR saying it was motivated at the behest of his boss, CBI director Alok Verma who was sacked by the govt Thursday.
HC said the allegation of mala fide raised against Verma is not made out. Justice Najmi Waziri also vacated its Oct 23, 2018 interim order directing the agency to maintain "status quo" on proceedings against Asthana, who had sought directions for no coercive steps in connection with a case of alleged bribery.
It ruled sanction to prosecute Asthana and Devinder Kumar was not required into the matter, keeping in view the facts of this case.
The court had reserved judgment on Dec 20, 2018, on various petitions after hearing submissions of counsel for the CBI, Asthana, agency director Alok Verma, Deputy Superintendent Devender Kumar, and Joint Director AK Sharma.
Asthana, Kumar and an alleged middleman Manoj Prasad had moved court seeking the quashing of the FIR.
The FIR was filed after Hyderabad-based businessman Sathish Babu Sana claimed he had paid bribes to get relief in a case related to meat-exporter Moin Qureshi and made allegations of corruption and extortion against Asthana.
RAO CANCELS TRANSFER ORDERS BY VERMA
- Soon after assuming charge as Interim CBI chief Friday, Nageshwar Rao cancelled all transfer orders by ex-Director Alok Verma
- “All transfer orders issued by ex-Director Alok Verma have been reversed by the new chief,” CBI sources said
- After being reinstated, Verma Wednesday had withdrawn almost all transfer orders made by Rao
CBI vs CBI
- April, 2016: Gujarat-cadre IPS officer Rakesh Asthana appointed Addl Director of CBI
- Dec 3: Asthana interim director
- Jan 19, 2017: Alok Verma appointed CBI chief for 2 yrs
- Oct 22, 2017: CBI appoints Asthana as Special Director
- July 12, 2018: CBI tells CVC Asthana can’t represent Verma (who was abroad) in its meet to discuss promotions
- Aug 24: Asthana complains to Cabinet Secretary. Matter referred to CVC
- Sep 21: CBI tells CVC Asthana facing probe in cases of graft
- Oct 15, 2018: CBI FIR against Asthana, Dy SP Devender Kumar, Dubai-based investment banker Manoj Prasad etc.
- Oct 16: CBI arrests middleman Manoj Prasad
- Oct 20: CBI raids Kumar’s residence, office; claims to have seized his mobile phones and iPads
- Oct 22: CBI arrests Kumar, says he “fabricated statement” of bizman Sathish Sana, facing probe in a case involving meat exporter Moin Qureshi, paid bribes to get relief
- Oct 26: Manoj Prasad, arrested in connection with bribery allegations involving Asthana, moves HC seeking quashing of an FIR against him
- Oct 29: HC orders CBI to maintain status quo on proceedings against Asthana, who was sent on leave by government, till November 1
- Nov 1: CBI tells HC that the FIR against Asthana, others shows cognisable offences.
- Nov 28: HC allows Verma to inspect in the CVC’s office
- Dec 7: Asthana claims in court prior govt nod was needed for lodging FIR against him
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