The CBI on Thursday justified before the Delhi High Court the alleged bribery FIR against its Special Director Rakesh Asthana and claimed that “several incriminating documents have been unearthed” during the ongoing probe against him.
During hearing of a plea by Asthana and his deputy Devender Kumar seeking quashing of the FIR against them before the HC, the CBI said, “This court categorically held that when an FIR is challenged by way of a writ petition, more particularly, in Prevention of Corruption Cases, allegations in the FIR are to be seen whether they disclose the cognisable offence or not and the roving enquiry at this stage is impermissible.”
“It is submitted that the FIR and the complaint clearly discloses the cognisable offences and accordingly the CBI has registered the FIR and proceeded with the investigation,” the agency further contended.
The agency told the High Court that there cannot be a roving enquiry now as the probe is at the nascent stage and several incriminating documents and role of other persons are under investigation.
“It is submitted that the investigation is at nascent stage. Being at this threshold, it may not be in the interest of the investigation to disclose various aspects or revelations or unearthed events,” the CBI said.
Meanwhile, the High Court extended till November 14 its order directing the CBI to maintain status quo on proceedings against Asthana, implying that the agency will not take any coercive steps against him.
“The interim order to continue till the next date of hearing, that is, November 14,” said Justice Najmi Waziri before whom the CBI opposed Asthana’s plea seeking quashing of the FIR, stating that there was incriminating material against the special director in the case, the investigation of which was at the nascent stage.
Responding to the petitions by Asthana and Kumar, the CBI said it was “handicapped” in its probe against them as the case files and documents have been sent to the CVC for scrutiny following the Supreme Court’s order directing the anti-corruption watchdog to complete an inquiry against CBI Director Alok Kumar Verma by November 12.
The CBI had on October 15, registered a criminal case against Asthana, Kumar and two private persons on a complaint from Hyderabad-based businessman Satish Sana, a suspect in the Moin Qureshi case involving alleged bribery by former CBI Director AP Singh and others.
The proceedings also witnessed a controversy when there was a verbal spat between two advocates as to who will represent the CBI in the matter.
Additional Solicitor General Vikramjit Banerjee, who came for the first time since the matter came up for hearing in the High Court on October 23, said he has been instructed to appear for the CBI.
Advocate K Raghavacharyulu, who has been appearing for the CBI, opposed the presence of Banerjee, contending that he has been appointed by the agency to represent it from the beginning when the petition was filed by Asthana.
“I have been appointed as the special public prosecutor in the case,” Raghavacharyulu submitted before the court which did not comment on the issue.
Later, Banerjee said he will seek instructions from the competent authority and make it clear for the High Court as to who among the two will appear on behalf of the probe agency.
When the judge, after some time, took up the similar quashing petition of alleged middleman Manoj Prasad, the ASG was not present in the hearing.
When the court asked where was the ASG, Raghavacharyulu said his instruction was that he has to represent the agency.
The court interjected and said, “He (ASG) is also the counsel. If he has instructions to appear in this court, he will appear. Anyway, if he is not here, you (Raghavacharyulu) proceed.”
During the hearing, the SPP said they have complied with the court’s order and filed responses to the pleas of Asthana and Kumar.
The court said it would hear on November 14, the pleas of Asthana, Kumar and Prasad and also the application of CBI SP SS Gurm who had sought to be impleaded in the case for quashing of the bribery FIR.