Special director Rakesh Asthana, who had challenged the FIR lodged against him by CBI on bribery allegations, got interim relief from immediate arrest as the Delhi high court directed the CBI to maintain status quo on the criminal proceedings against him. The court also ordered that no coercive action should be taken against Asthana.
"Don't dusturb the equilibrium," Justice Najmi Waziri told CBI and its director Alok Verma after recording an undertaking from Asthana that he will preserve all electronic evidence including mobile phones and messages in his possession till the next date of hearing on Monday.
Appearing for Asthana, senior lawyer Amarendra Sharan told HC that the FIR against him is illegal and was done with a malafide intention of the CBI director.
"I had alleged that money was sought by the director and suddenly this illegal FIR was registered against me," Asthana argued, seeking courts immediate intervention.
When CBI said it needed time to respond, the court agreed to Asthana's plea that the agency will not change status quo and there won't be any coercive action, provided no evidence is tampered with by the accused.
However, the high court clarified that there was no stay on the ongoing probe.
Justice Najmi Waziri also sought response of the probe agency and its director Alok Kumar Verma and joint director AK Sharma on the separate pleas of Asthana and arrested deputy superintendent Devender Kumar in the bribery case.
However, deputy superintendent of police Devender Kumar, who was arrested in connection with the bribery allegations involving Rakesh Asthana, was sent by a Delhi court to 7-day CBI custody for questioning.
Kumar, earlier the investigating officer in a case involving meat exporter Moin Qureshi, was arrested on the allegations of forgery in recording the statement of businessman Sathish Sana, who had alleged to have paid bribe to get relief in the case.
Special CBI Judge Santosh Snehi Mann remanded Devender Kumar in CBI custody. The investigating agency had sought ten days custody of the accused for custodial interrogation, alleging that it has recovered incriminating documents after raiding his office and residence.
The probe agency claimed that Devender Kumar was part of an extortion racket being run in the garb of investigation. Kumar's counsel, however, opposed the submission and moved a bail plea before the court.
Allegations against the accused include conspiracy of extortion and bribe to give clean chit to the complaint in a case pending investigation, the judge said.
"Considering the gravity of the offence and seriousness of allegations about the involvement of public servants including accused, I am of the opinion the police custody of accused Devender Kumar is necessary for proper investigation. Accused is remanded to police custody for seven days," the judge said in the order.
CBI has also sought the court's nod to add some more sections in the present FIR against accused including Kumar.
Asthana, a 1984 batch Indian Police Service officer of Gujarat cadre, is accused of accepting a bribe of Rs 2 crore from a businessman who was under probe in the Qureshi case in order to "wreck" the investigation. The case was being examined by a special investigation team (SIT) headed by Asthana.
In the latest episode, Asthana approached the government with a note saying Verma is interfering in probes undertaken by him and he is being vilified.
After Asthana's complaint was referred to the Central Vigilance Commission by the government, the transparency watchdog had sought files of various cases from the CBI through its letters dated September 11 and September 14.
(With inputs from PTI)
from Times of India https://ift.tt/2PQlUV2
