FIR registered against me is antedated and malicious, Rakesh Asthana to Delhi HC

Special Director of the Central Bureau of Investigation (CBI) Rakesh Asthana yesterday told the Delhi High Court that the FIR registered against him was antedated, and filed without following the eight requisite steps mentioned in the CBI Manual..A Single Judge Bench of Justice Najmi Waziri was hearing the pleas filed by Rakesh Asthana and CBI Deputy Superintendent of Police Devendra Kumar seeking to quash the FIR registered against them by the Agency for allegedly accepting gratification in the Moin Qureshi case..Senior Advocate Amarendra Sharan, appearing for Rakesh Asthana, alleged that the FIR was not registered on October 15, but much later. Sharan pointed out that the FIR was registered on the same day that complainant Satish Sana Babu made the allegation, and that the process of registering an FIR laid down by the CBI Manual could not have been completed within one day..He thus called upon the Court to direct the CBI to produce the case diary and case files in the matter to ascertain the truth..Sharan also attacked the FIR on the ground that the complainant Sana himself was a “habitual bribe giver” and not an innocent by-stander..It was also argued that since the FIR does not allege any demand or acceptance of bribe by Asthana, “no offence has been made out” against him and the FIR ought to be quashed. He claimed that he was being implicated in a false case. He thus submitted that the case has “no shred of evidence” and is malicious in nature..Relying upon the recent amendment to the Prevention of Corruption Act, 1988, Sharan also argued that the charge under Section 13 cannot be sustained, as the section stands omitted now..Senior Advocate Amit Sibal, appearing for Director Alok Verma, rebutted all claims made by Asthana. He stated that Asthana’s Section 17A defense was a “red herring“. He also submitted that the FIR was registered after following due procedure..He also stated that although the FIR does not allege that the bribe was demanded and accepted by Rakesh Asthana, it does claim that the same was executed through a third person on behalf of Asthana. He thus urged the Court to “read the FIR as a whole”..He also stated that co-accused Devendra Kumar fabricated evidence in the Moin Qureshi case during investigation..Additional Solicitor General Vikramjit Banerjee did not put forth any submissions yesterday..The matter will next be heard on December 20.