CBI director framing me to hide own criminal misconduct: Rakesh Asthana in Delhi HC

Rakesh Asthana | Arun Sharma/Hindustan Times via Getty Images

Excerpts from CBI special director Rakesh Asthana’s petition against the agency’s bribery FIR against him.

New Delhi: CBI special director Rakesh Asthana, divested of his charge and sent on leave Wednesday amid a face-off with the agency’s director Alok Verma who has been similarly penalised, has claimed the latter is trying to “falsely implicate him” in corruption charges.

Earlier this week, Asthana was booked by the CBI for alleged extortion from suspects in cases being investigated by the agency, in connivance with meat exporter Moin Qureshi.

Meanwhile, Asthana’s aide CBI deputy superintendent of police Devender Kumar was arrested on the charge that he tampered with a bribery complaint against the special director to reflect Verma’s involvement.

Both Asthana and Kumar subsequently moved the Delhi High Court to contest the charges against them, alleging that it was actually Verma who was involved in the bribery racket.

In his plea, Asthana said the FIR violated Section 17A of the Prevention of Corruption (Amendment) Act, 2018, since his appointing authority had not been consulted before it was filed.

Senior advocate Amarendra Sharan, representing Asthana, said the complainant in the bribery case — Hyderabad-based businessman Sathish Sana, believed to a middleman in the Moin Qureshi case — is “an accused against whom I (Asthana) recommended an order for arrest”.

“The accused tried to flee the country, and, when he couldn’t, he came here and filed a complaint against me,” Asthana has argued.

Taking up the plea, the Delhi High Court ordered status quo till 29 October, when it will hear the case. Here are excerpts from the plea:

‘Frivolous, concocted’

“The present petition would disclose the shocking state of affairs and also reveal as to how the highest officer of the premier investigating agency of the country is trying to falsely implicate the petitioner, who is the second senior most officer of the agency, in order to hide his own criminal misconduct of influencing investigations in exchange for money.

“In August 2018, the petitioner brought to the notice of the cabinet secretary certain disturbing facts for which there were [sic] no effective redressal mechanism.

“One such fact related to influencing of investigation relating to one Sathish Babu Sana… for a bribe of Rs 2 crore. On the basis of this complaint, the file was forwarded to CVC [Central Vigilance Commission] for inquiry and the same is currently being inquired by the CVC.

“In the background of the above facts, the present proceedings are not only a shocking portrayal of misuse of the authority which not only undermine the credibility of institution and morale of the force, but also illustrate that Respondent No. 2 [Verma] is misusing his position to achieve all illegal goals.

“The complainant is a person who is proposed to be arrested by the petitioner and his special investigation team, he is found to be involved in entering into a conspiracy for slowing down the investigation against him… Now, this person turns back and makes the SIT itself an accused.

“It is pertinent to note that the officers of SIT are being prosecuted and this accused person is enjoying the freedom, liberty and protection from the highest officer of the investigating agency.

“The FIR… is a frivolous and concocted one.

“It is beyond imagination the how the premier investigation agency of the country could register an FIR against its own officer…

“The bald and frivolous allegations of an accused… have been taken as gospel truth by CBI against its own officers for ulterior motives without there being any material basis.

“The petitioner has an outstanding career as a police officer. In the last 34 years of his career, he has been honoured with numerous medals, including the President’s Medal for meritorious and distinguished service.”