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Plans tied to Asthana run into Delhi High Court bump

Be you ever so high, the law is above you, court says as it refuses to quash corruption case against him

Benched CBI special director Rakesh Asthana The Telegraph file picture

Imran Ahmed Siddiqui
Published 11.01.19, 09:52 PM

Delhi High Court on Friday refused to quash the corruption FIR against benched CBI special director Rakesh Asthana, citing the immutable principle of equality that “be you ever so high, the law is above you”.

Asthana still has the option of challenging the order in the Supreme Court, where it may or may not stand, but the high court decision stands out for multiple reasons.

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Overnight, Verma has been granted a moral victory (however fleeting it may turn out to be) and Asthana, who could convince the central vigilance commissioner and the Prime Minister of the merit of his complaints, became the target of a revived probe into the very same charge that Verma has been accused of.

The quick succession of the events appeared to be a coincidence as Justice Waziri had reserved the judgment on December 20, 2018. The day of pronouncement was announced only on Wednesday evening, by when Verma’s fate was more or less sealed.

Both Verma and Asthana have been accused of taking bribes from Satish Babu Sana, a businessman, for shielding him in a case. Allegations had surfaced that the charges against Verma, attributed to Sana, had been trumped up to corner the now-deposed CBI chief.

Asthana is considered close to the Prime Minister, a charge the Congress levelled afresh on Friday through a tweet: “We can only imagine the skeletons that will be revealed after an independent investigation by the CBI on Modiji’s blue-eyed boy.”

Asthana had told the court that under Section 17A, inserted after an amendment to the Prevention of Corruption Act last year, prior sanction was mandatory for registering an FIR against a serving officer. He said the competent authority, the department of personnel and training, had issued no such sanction.

Verma, who had ordered the FIR against Asthana, had said he had received legal advice that seeking sanction was not necessary.

Against this backdrop, the judge stressed the need for timely completion of investigations and asked the CBI to wrap up the probe in the bribery case within 10 weeks “to restore its credibility”.

Asthana’s lawyer said the ruling that refused to quash the FIR was likely to be challenged in the Supreme Court.

The CBI had booked Asthana and deputy superintendent Devender Kumar on October 15 on the basis of a statement from Sana.

Sana had claimed he had paid Rs 3 crore to Asthana through alleged middlemen Manoj Prasad and Somesh Prasad to secure relief in a money-laundering case involving meat exporter Moin Qureshi. Asthana was supervising the case.

Excerpts from the high court order on a petition filed by CBI special director Rakesh Asthana seeking the quashing of an FIR alleging bribery

Rakesh Asthana Alok Verma Delhi High Court FIR Central Bureau Of Investigation (CBI)
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