No action against CBI special director Rakesh Asthana till next hearing, says Delhi High Court

This is a case of illegal registration of FIR against CBI Special Director based on a statement of an accused, Asthana's lawyer told the court.

Central Bureau of Investigation (CBI) special director Rakesh Asthana has argued before the Delhi High Court that any investigation against him without proper permission will be illegal. Appearing for Asthana before the court, senior advocate Amarendra Sharan told the court that it was a case of illegal registration of FIR against the CBI special director.

“This is a case of illegal registration of FIR against CBI Special Director based on a statement of an accused. The person whose arrest was recommended by Asthana has now been made a complainant and based of his complaint, the FIR has been filed,” Asthana’s lawyer told the court.

The matter has been posted by the court for Monday, October 29, when CBI director Alok Verma has to respond to the allegations levelled by Rakesh Asthana . The Delhi High Court said that no action could be taken against him till the next hearing.

The Delhi High Court further said that all electronic records, including mobile phones and laptops, of the accused need to be preserved.

According to Bar & Bench, Sharan submitted before the court that the provisions of law prescribe that it is necessary to seek permission before initiating an inquiry against a serving officer, adding that “the matter is of great urgency”.

Earlier on Tuesday, Asthana moved the Delhi High Court against the lodging of FIR against him in an alleged bribery case.

With the war within CBI out in the open, Prime Minister Narendra Modi stepped in on Monday, summoning the two officials, Rakesh Asthana and Alok Verma, to the PMO. The officers were reportedly asked to make amends as the reputation of the agency was hit because of the feud.

On Monday, the CBI also arrested its Deputy Superintendent of Police Devender Kumar after conducting raids at his office and residence. Kumar, who was earlier the investigation officer in a case involving meat exporter Moin Qureshi, was arrested on a charge of "falsification of records".

The agency registered an FIR against Asthana and several others for allegedly accepting bribes to settle a case of meat exporter Moin Qureshi, who is facing multiple cases of money laundering and corruption. The CBI has alleged that bribes were given at least five times between December, 2017 and October this year.