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Supreme Court: The Bench comprising of CJ Ranjan Gogoi and U.U Lalit and K.M. Joseph, JJ. gave directions to the Hyderabad Police in order to provide adequate security to the complainant in the alleged bribery case against CBI Special Director Rakesh Asthana.

According to the media reports, Satish Sana i.e. complainant approached the Supreme Court for seeking protection and stay on the notice issued by the agency summoning him for interrogation.

The Bench refused to stay CBI summons and rejected the complainant’s plea for recording his statement before the retired Supreme Court judge Justice A.K. Patnaik.

[Source: PTI]

Case BriefsSupreme Court

Supreme Court: The Bench comprising of CJ Ranjan Gogoi and Sanjay Kishan Kaul and K.M. Joseph, JJ., laid down some interim arrangement in order to govern the present situation.

Background:

The Central Government divested the CBI Director Alok Verma and his deputy Special Director Rakesh Asthana of all their powers and sent them on leave pending enquiry against them in the alleged corruption charges.

The decision was taken on the recommendation of the Central Vigilance Commission which stated that Alok Verma was not cooperating in inquiry in the allegations of corruption and criminal misconduct levelled against him by Rakesh Asthana and it would be only fair to take both off duty till the charges are probed. Furthermore, M. Nageswara Rao, a 1986 Odisha cadre IPS officer who joined the CBI in 2016 was appointed as interim Director of India’s premier investigating the agency.

Alok Verma has approached the Supreme Court against the order of the Central Government that stripped him off his powers and sent him on forced leave.

The interim directions by the court are as follows:

  • Enquiry in regard to the allegations made against the present Director, Central Bureau of Investigation (CBI) Alok Verma shall be completed by the Central Vigilance Commission (CVC) within a period of two weeks.
  • The stated enquiry will be conducted under the supervision of the retired judge of the Supreme Court of India, Justice A.K. Patnaik.
  • M. Nageswara Rao who has been entrusted with the task of looking after the duties of the Director of the CBI shall not take any policy decisions or any major decisions and will perform the routine tasks that are essential to keep the functionality of CBI.

Further, the Supreme Court made it clear that the supervision of on-going enquiry by the CVC to a former judge is an exception being taken due to the necessity being felt on considering the facts of the present case.

The matter has been listed immediately after the Diwali holidays i.e. on 12-11-2018. Alok Verma is represented by veteran advocate Fali S. Nariman, while Attorney General K.K. Venugopal is appearing for the Central Government. [Alok Kumar Verma v. Union of India,2018 SCC OnLine SC 2249, Order dated 26-10-2018]

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Amidst the unprecedented tussle between the top two officers of the Central Bureau of Investigation, the Central Government divested the CBI Director Alok Verma and his deputy Special Director Rakesh Asthana of all their powers and sent them on leave pending enquiry against them in the alleged corruption charges.

The decision was taken on the recommendation of the Central Vigilance Commission which stated that Alok Verma was not cooperating in inquiry in the allegations of corruption and criminal misconduct levelled against him by Rakesh Asthana and it would be only fair to take both off duty till the charges are probed. Furthermore, M. Nageswara Rao, a 1986 Odisha cadre IPS officer who joined the CBI in 2016 was appointed as interim Director of India’s premier investigating agency.

Rakesh Asthana had complained of corruption against the CBI Director. Per contra, the Bureau filed a case under Prevention of Corruption Act, 1968 against its own Special Director Rakesh Asthana and his deputy DSP Devender Kumar. Asthana had approached the Delhi High Court challenging the FIR filed against him in the said bribery case. The Court while ordering the status quo has posted the matter for next hearing on October 29. The matter relates to a case involving meat exporter Moin Qureshi, which was headed by Asthana, while Kumar was its chief investigating officer. The CBI has accused the duo of forgery in recording the statement of Satish Sana, another accused in the case.

Alok Verma has approached the Supreme Court against the order of the Central Government that stripped him off his powers and sent him on forced leave. The Supreme Court is likely to take up the matter today.

Case BriefsSupreme Court

Supreme Court: The bench of RK Agarwal and AM Sapre, JJ dismissed the plea challenging appointment of senior Gujarat cadre IPS officer Rakesh Asthana as a special director of the CBI.

Refusing to interfere with the unanimous decision taken by the Selection Committee, the Court said:

“before taking the decision, the Director, CBI, had participated in the discussions and it is based on relevant materials and considerations. Further, even in the FIR filed by the CBI, the name of Shri Rakesh Asthana has not been mentioned at all. Thus, lodging of FIR will not come in the way of considering Shri Rakesh Asthana for the post of Special Director, after taking into consideration his service record and work and experience.”

Advocate Prashant Bhushan, appearing for the NGO Common Cause, had argued before the Court that Rakesh Asthana’s appointment was illegal as his name had surfaced in a diary recovered during a raid conducted by the Income Tax department. He argued that the diary showed the name of Rakesh Asthana as having received an illegal gratification from a company and CBI has recently registered an FIR for money laundering against the accused firm and some public servants. Demanding quashing of Rakesh Asthana’s appointment, the petitioner has also sought a direction to the Centre to transfer him out of the agency during the pendency of investigation.

Attorney General KK Venugopal, on the other hand, argued that Rakesh Asthana had an outstanding career and was looking after eleven zones and supervising high- profile scams including that of AgustaWestland, Kingfisher, Moin Qureshi and Hassan Ali.

Going through the minutes of the meeting of the Selection Committee, the Court noticed that though the secret/confidential letter dated 21.10.2017, furnished by the Director, CBI, enclosing an unsigned note on M/s Sterling Biotech Ltd. and related entities had referred to one Rakesh Asthana, there were no findings in the papers that the person mentioned therein is the same person under consideration for appointment and there is nothing about the veracity of the contents of the document. No further verified material was brought on record and the Committee decided to recommend the name of Rakesh Asthana for appointment as Special Director, CBI.

The Court hence held that the news items reported in the print and electronic media that no decision was taken with respect to the appointment on the post of Special Director, CBI in the meeting of the Selection Committee held on 21.10.2017 were factually incorrect. Also, the statement of the Professor of the University of London reported in the Indian Express appears to be based on the newspaper reports which have been found to be factually incorrect, and therefore, it has no substance. It was, hence, held that the appointment of Rakesh Asthana to post of Special Director, CBI does not suffer from any illegality. [Common Cause v. Union of India,  2017 SCC OnLine SC 1374, decided on 28.11.2017]

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Supreme Court: The bench of RK Agarwal and AM Sapre, JJ reserved it’s verdict on the plea challenging the appointment of Gujarat cadre IPS officer Rakesh Asthana as a special director of the CBI.

Advocate Prashant Bhushan, appearing for the NGO Common Cause, said Rakesh Asthana’s appointment was illegal as his name had surfaced in a diary recovered during a raid conducted by the Income Tax department. He argued that the diary showed the name of Rakesh Asthana as having received an illegal gratification from a company and CBI has recently registered an FIR for money laundering against the accused firm and some public servants. Demanding quashing of Rakesh Asthana’s appointment, the petitioner has also sought a direction to the Centre to transfer him out of the agency during the pendency of investigation.

Attorney General KK Venugopal, on the other hand, argued that Rakesh Asthana had an outstanding career and was looking after eleven zones and supervising high- profile scams including that of AgustaWestland, Kingfisher, Moin Qureshi and Hassan Ali.

While seeking Rakesh Asthana’s ouster, the plea noted the special director was the second in command in the CBI after the director and supervised almost all important cases being handled by the agency.

The verdict is likely to be pronounced on 28.11.2017.

Source: PTI