Thursday, March 21, 2019
Follow us on
Niyalya se

NO HC RELIEF FOR CBI’S SPECIAL DIRECTOR FIR Against Asthana Stays, CBI Told to Probe Allegations in 10 Weeks

January 12, 2019 06:02 AM


FIR Against Asthana Stays, CBI Told to Probe Allegations in 10 Weeks
Our Political Bureau

New Delhi:

Refusing to quash the FIR registered against him and others on charges of corruption, the Delhi High Court on Friday dismissed a petition filed by CBI special director Rakesh Asthana.

The court directed the agency to conclude its probe against Asthana and coaccused within 10 weeks.

The court ruled that the grounds of mala fide against ousted CBI director Alok Verma in registering the FIR against Asthana “are not made out”. The court also ruled that “nor can the allegations against the petitioner be conclusively ruled out at this stage”.

Asthana had claimed that the FIR against him was ante-dated and documents were fabricated to falsely implicate him. Rejecting the claim the court has ruled that the facts are not borne out from the records.

Referring to allegations levelled by complainant Satish Babu Sana in the case, the court has held “although Sana’s complaint lists a certain sequence of events and details some facts, it does not mention any direct interaction with Asthana apropos ₹5 crores or any promise of leniency towards him”.

Significantly, the court has further ruled that “Sana’s conversations were all along with Somesh and Manoj. It is not known whether Somesh or Manoj spoke to Asthana or any other office of the CBI in the presence of such officers. The claim of Somesh Prasad that he managed investment of the petitioner in Dubai and London for many years or that the latter had stayed at the former’s home in London is also not ascertained thus far”.

Satish is a witness for Enforcement Directorate (ED) in the money laundering case against meat exporter Moin Qureshi.

Asthana, who was heading the Special Investigation Team (SIT) in the Moin Qureshi case, had sought to arrest Satish Babu Sana accusing him of paying illegal gratification to ousted CBI director Alok Verma to manage a bail-out.

As per available information, the SIT constituted by interim CBI chief M Nageswara Rao has already recorded the statement of Sana and found contradictions in his statements. The agency has collected evidence in the case and is soon likely to submit a report to the concerned court.

The court ruled that involvement in the offence will only be determined during the course of trial. It also did not find any merit in the challenge to Section 17-A of the Prevention of Corruption Act, which according to Asthana, prohibited the investigating agency from registering an FIR without seeking sanction from the government.

The court ruled that no sanction under Section 17-A to prosecute a public servant was required in cases where the public servant was not discharging a public duty or was indulging in corruption. The Court has ordered that all allegations should be probed swiftly to restore the credibility of the agency.

Have something to say? Post your comment