Additional Superintendent of Police (SP) of the Central Bureau of Investigation (CBI) SS Gurm alleged in the Delhi High Court on Wednesday that Special Director Rakesh Asthana, who had filed a petition seeking the quashing of an FIR against him in a bribery case, was misleading the court by placing "selective" facts before it. Gurm, who was transferred along with other CBI officials sought to be made a party in the petition filed by Asthana.
The officer, who was transferred from Delhi to Jabalpur, has sought an opportunity to be heard in the case. The additional SP, in an application, claimed he had "reasonable" apprehension that CBI is seeking to protect and support Asthana and may not effectively contest the petition and sought dismissal of Asthana's petition.
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The separate petitions of Asthana, Deputy Superintendent of Police Devender Kumar and alleged middleman Manoj Prasad seeking to quash the FIR against them are scheduled to be heard by Justice Najmi Waziri on Thursday.
AK Bassi, the CBI officer who was investigating corruption allegations against the agency’s special director Rakesh Asthana, had moved the Supreme Court on Tuesday against his transfer to Port Blair following the upheaval in the CBI last week when Asthana and agency director Alok Verma were divested of all charges.
However, the apex court refused an urgent hearing of his plea. Bassi then said he had "incriminating evidence" against Asthana in bribery case and asked Supreme Court to call for evidence of technical surveillance. Bassi also sought the setting up a Special Investigating Team (SIT) to investigate charges against Asthana.
The Delhi High Court on Monday had said CBI Special Director Rakesh Asthana, who was sent on leave by the government, cannot be arrested till November 1. A bench of Justice Najmi Waziri questioned the CBI for not filing reply to pleas of Asthana and another official, Devender Kumar, Deputy Superintendent of Police, seeking quashing the of FIR in the matter.
The CBI has lodged an FIR against Asthana and Kumar in connection with bribery allegations. The high court also directed the CBI to file reply on the two pleas on or before November 1.
The CBI prosecutor told the high court that delay in filing of reply occurred as the case files have been sent to Central Vigilance Commission (CVC) and sought more time for filing the response.
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Kumar, earlier the investigating officer in a case involving meat exporter Moin Qureshi, was arrested on October 22 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.
The high court had on October 23 directed the CBI to maintain status quo on the criminal proceedings initiated against its special director Asthana, who has challenged the FIR lodged against him on bribery allegations.