Delhi HC order on plea of CBI special director Rakesh Asthana for quashing FIR on Friday
The case was lodged against Rakesh Asthana and Devender Kumar on the complaint of a Hyderabad based businessman Sana Satish Babu who contended that the duo demanded a bribe to do away with the case against him.
The Delhi High Court on Friday is likely to pronounce its verdict on a plea by CBI special director Rakesh Asthana seeking to quash an FIR registered against him by the agency.
Justice Najmi Waziri reserved the order on December 20 after hearing arguments from all sides, including Asthana, ousted CBI director Alok Verma, deputy superintendent of police Devender Kumar and the agency.
The case was lodged against Asthana and Kumar on the complaint of Hyderabad-based businessman Sana Satish Babu, who contended that the two demanded a bribe to do away with a case against him.
Appearing for Asthana, senior advocate Amarendra Sharan contended that prior sanction was required under section 17A of Prevention of Corruption (PC) Act to act against the official.
He also maintained that the agency registered the FIR despite Central Vigilance Committee (CVC) directions not to take any action.
CBI, represented by ASG Vikramjit Banerjee, submitted that the sanction was not required. It said legal opinion was taken from several persons before registration the FIR.
Meanwhile, CBI DSP Devender Kumar moved the HC against the reversal of transfer orders by Verma. Kumar, who is out on bail, was arrested over allegations of fabricating a witness’s statement.
On his last day as the CBI chief, Verma on Thursday ordered seven more transfers; in all he ordered over two dozen transfers in the two days he spent as CBI director after being reinstated by the Supreme Court.
On Wednesday, he revoked all transfers, barring two, ordered by interim director M Nageswara Rao.
It in effect meant that all the officials who were probing corruption charges against his deputy Rakesh Asthana prior to October 24, when both were sent on leave by the government after an internecine feud, were back to complete the investigation.
With Thursday’s transfers, Verma ensured that the two supervisory officials – joint director V Murugesan and deputy inspector general Tarun Gauba – will continue to supervise the probe against Asthana. But he changed the lead investigator in the case and brought in superintendent of police Mohit Gupta.
