CBI Special Director Rakesh Asthana Moves Delhi HC On FIR Against Him In Bribery Case

The Central Bureau of Investigtion (CBI) special director Rakesh Asthana on Tuesday moved the Delhi High Court against the lodging of an FIR against him in a bribery case.

Asthana has sought the high court's direction that no coercive action be taken against him.

His petition was mentioned before Chief Justice Rajendra Menon.

The chief justice allocated the matter to an appropriate bench, which will hear it in the post-lunch session.

Asthana was booked on Monday for accepting bribe to settle a case against meat exporter Moin Qureshi, who is facing multiple cases of money laundering and corruption.

The country's top probe agency alleged that bribes were taken at least five times in December 2017 and October 2018. 

The CBI said it has got statement of Satish Sana recorded under Section 164 CrPC twice on October 4 and October 20, which completely "corroborates" allegation against Asthana and others.

On Monday, the CBI had also arrested its Deputy SP Devender Kumar in connection with the bribery allegation against Asthana.

Case History: 

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.

Sources said the CBI lodged the FIR earlier this week after the arrest of a middleman Manoj, who has given a confessional statement before a magistrate confirming the payment of Rs 2 crore to Asthana.

Manoj has reportedly admitted that he had paid the bribe on behalf of Qureshi, who is being probed by the CBI and the Enforcement Directorate (ED) on charges of money laundering for a host of public servants. Qureshi was arrested by the ED in August last year under the provisions of the Prevention of Money Laundering Act.

Besides Asthana, the agency had also booked Deputy Superintendent of Police Devender Kumar, and Manoj Prasad and Somesh Prasad, the purported middlemen, and other unknown officials.

They had been booked under Section 7 (public servant taking gratification other than legal remuneration in respect of an official act) and Section 13 (2) read with Section 13(1)(d) (criminal misconduct) of Prevention of Corruption Act.

They had been slapped with the amended Section 7-A of the Prevention Corruption Act (taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence).

The CBI informed that under these sections, no prior permission under Section 17 of the Prevention of Corruption Amendment Act is needed from the government to initiate probe against an officer.

The FIR was registered by the Anti-corruption unit of the CBI based on claims made in the complaint given by Sathish Babu Sana, Hyderabad-based businessman, who had narrated his meetings with various middlemen in New Delhi as well as Dubai before a magistrate.

He had alleged that an investment banker Manoj Prasad had assured him that he would get relief from CBI summons if he agrees to pay Rs 5 crore as bribe, the complaint, now part of FIR, alleged.

Sana had also alleged that he was assured by Prasad that his brother Somesh manages investments of Asthana in London and he is in touch with two other senior officers of various agencies.

The Hyderabad-based businessman had recorded a statement under Section 164 of criminal procedure code before a magistrate on October 4 and October 16.

The rift came out in the open once again when the CBI Director objected to the CVC calling Asthana as the CBI's representative for a meeting when the former was abroad on an official trip.

(With inputs from agencies)