The Supreme Court on Tuesday dismissed a petition challenging the appointment of IPS officer Rakesh Asthana as Special Director of Central Bureau of Investigation (CBI) and held his appointment to be legal.
The petition filed by NGO Common Cause had alleged that the appointment of Asthana was illegal as the view of the CBI Director was not considered by the Selection Committee headed by Chief Vigilance Commissioner (CVC) on October 21, 2017.
It further pointed out that the CBI had lodged a case against a company Sterling Biotech alleged to have paid huge bribes to public functionaries, including three senior Income Tax officials. In a raid related to this case, the CBI seized a diary showing payments made to Asthana. Also, the petition alleged close association between Asthana and Sterling’s owner Sandesaras as his son worked in the company for two years and his daughter’s pre-wedding party was organised at a farmhouse owned by Sandesaras in Vadodara, Gujarat.
Rejecting the charge that the Selection Committee refused to clear Asthana’s name as “factually incorrect”, the Bench of Justices RK Agrawal and Abhay Manohar Sapre relied on the minutes of the October 21 meeting presented to Court by Attorney General KK Venugopal. The minutes showed that the CBI director did share a confidential note on the investigation into Sterling Biotech case.
The Committee discussed it but found the allegations against Asthana to be “unverifiable”, while proceeding to unanimously approve Asthana’s selection.
Producing the minutes, the Bench said, “Once there is consultation (with CBI director), the content of that consultation is beyond the scope of judicial review though lack of effective consultation could fall within the scope of judicial review.”
The Court relied on the minutes to hold that the decision to appoint Asthana as Special Director was “unanimous” and director CBI had participated in the discussion. Moreover, the FIR in the Sterling Biotech case did not name Asthana. “Thus lodging of FIR will not come in the way of considering Asthana for the post of Special Director.”