CBI v. CBI: Rakesh Asthana moves Delhi HC – Status Quo to be maintained
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CBI v. CBI: Rakesh Asthana moves Delhi HC – Status Quo to be maintained

Bar & Bench

Special Director of the Central Bureau of Investigation (CBI) Rakesh Asthana has moved the Delhi High Court seeking the quashing of an FIR filed against him by the CBI. Asthana has also prayed that no coercive steps be taken against him.

The matter was mentioned before  Chief Justice Rajendra Menon and Justice V Kameswar Rao in chamber. The matter is likely to be heard post lunch today.

The charges against Asthana in the FIR relate to his acceptance of a bribe of Rs. 3 crore by one Sathish Sana, who was involved in the Moin Qureshi case.

Devender Kumar, who is currently serving as Deputy Superintendent of Police, has also moved the Delhi High Court for quashing of FIR bearing RC No. 13(A)2018/AC-3 dated October 15, 2018.

Kumar was arrested on Monday, October 22 and was produced before the Patiala House Court in Delhi today, where the CBI sought police custody for him. The CBI submitted that there was incriminating material against Kumar, and therefore pressed for 10-day police custody of Kumar.

 

Live Updates of today’s hearing in the Delhi High Court follow:

  • Single Judge Bench of Justice Najmi Waziri will hear the petition of CBI Deputy SP Devender Kumar at 2.15 pm while Rakesh Asthana’s petition is being checked for objections.
  • Hearing begins
  • Senior Advocate Amarendra Sharan appears for CBI Special Director Rakesh Asthana.
<em><strong>Rakesh Asthana was represented by Senior Advocate Amarendra Sharan</strong></em>
<em><strong>Rakesh Asthana was represented by Senior Advocate Amarendra Sharan</strong></em>
  • Amarendra Sharan appraising Justice Waziri about the matter.  Sharan says “this matter is of great urgency”.
  • Sharan argues that the person (Sathish Sana) whose arrest was recommended by Asthana has now been made a complainant and based on his complaint this FIR has been filed.
  • Sharan submits that the provisions (Section 17 A of the PC Act) prescribe that it is necessary to seek permission before initiating an inquiry against a serving officer.
  • Sharan submits that the investigation is illegal and in the “teeth of the law”.
  • Waziri J asks if there is a bar on the registration of the FIR (under the law), Sharan responds in the affirmative.
  • Waziri J says, “I don’t think the entire case can be dealt with today”
<em><strong>Justice Najmi Waziri, Delhi High Court</strong></em>
<em><strong>Justice Najmi Waziri, Delhi High Court</strong></em>
  • K Raghavacharyalu, the special public prosecutor for the CBI, explains that a prior permission before initiating an inquiry in a case of a serving officer is not necessary when the charges are under the Prevention of Corruption Act.
  • Court seeks clarity on the nature of the case, Counsel for CBI clarifies it concerns Bribery and Corruption and a charge under 120B IPC.
  • Waziri J, “Come back day after. I’ll have all of tomorrow to look at the case.”
  • Senior Advocate Amarendra Sharan for Asthana and Dayan Krishnan for Devender Kumar ask that no coercive action in the meantime.
  • Waziri J, “tomorrow is a holiday, kuchh nahi hoga” (nothing will happen)
  • Waziri J to CBI “Don’t disturb the equilibrium till then.”
  • “The petitioners shall ensure safe custody and preserve the all electronic records which is in their custody including mobile phones”.
  • Status quo to be maintained till the next date“, states the Order.
  • In case of Devinder Kumar (who is under arrest) the Respondents (CBI) will have to file a reply.
  • Matter is now listed for Monday (October 29, 2018) till which point status quo has to be maintained.

 

Asthana-FIR-CBI.pdf
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