While advancing arguments on Asthana's plea seeking to quash the FIR against him on bribery allegations, CBI's counsel K Raghavacharyulu, in an apparent reference to Asthana, said that "if there is pest in wood, wood will become useless".
He repeated that "wood will be useless, if pest catches it".
Justice Najmi Waziri then interjected and warned the counsel against making such comments.
"Don't make such statements in the court. Don't use these things here. Such statements have no place in the court," he said.
The court directed the CBI to maintain status quo on the criminal proceedings initiated against Asthana.
Although the CBI cannot arrest Asthana till October 29, the next date of hearing, the high court clarified that there is no stay on the probe considering the nature and gravity of the case.
In a separate decision, a Delhi court today sent the agency's deputy superintendent of police, Devender Kumar, to CBI custody for seven days.
Kumar, who was arrested by the CBI on Monday, had filed a separate petition seeking quashing of the FIR against him.
CBI chief trying to falsely implicate me: Asthana's HC plea
Meanwhile, Asthana accused CBI chief Alok Kumar Verma of trying to "falsely implicate" him in the bribery case to "hide" his own alleged criminal misconduct of influencing investigations in lieu of money.
DSP Devender Kumar also alleged that the proceedings are not only a shocking portrayal of misuse of authority which undermines the credibility of the institution, but also illustrates how he was made a "scapegoat" to achieve illegal goals.
Both the officers contended in separate petitions filed in the high court that when a Special Investigation Team led by Asthana proposed to arrest businessman Sathish Sana on allegation of giving bribe for influencing probe, it was not followed.
Instead, an FIR was lodged against them on the basis of Sana's complaint that bribe was demanded from him, the petitions alleged, adding that illegalities were committed at the hands of the Verma and other officers of the agency.
Asthana, the second-in command in the CBI after Verma, said complainant Sana was the one who was proposed to be arrested by him and the SIT as he was found to be involved in entering into a conspiracy for slowing down the investigation against him.
"This fact is already reported and being enquired by appropriate authority. 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 plea, seeking to quash the FIR, said.
Claiming that the prosecution launched against him was illegal and mala fide, Asthana said his 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".
He claimed that the FIR was clearly mala fide and prohibited in law as no enquiry or investigation could have been taken up in this matter without prior approval of his appointing authority.
from Times of India https://ift.tt/2CZhnwL
