The Central Bureau of Investigation (CBI) saga continues in the Supreme Court with another officer, Manish Sinha, approaching the Court today..In his intervention application, Sinha has made some explosive allegations, shedding light on how attempts have been made to stymie the investigation into former CBI Director Rakesh Asthana by involving “high and mighty” officials of the Government of India..Sinha, who was one of the officers investigating the complaint against Asthana in relation to the Moin Qureshi bribery case, has primarily challenged his transfer to Nagpur as being arbitrary, motivated and malafide, and was made solely with the purpose and intent to victimize him..He has also sought a direction from the Supreme Court to constitute and monitor a Special Investigation Team (SIT) to probe the case against Asthana..Further, he has sought that the Court issue directions with a view to protecting officers who have discharged their duties conscientiously and diligently..Sinha has asked the Court to allow his application as he had a bird-eye’s view of the entire investigation and possesses intricate knowledge of the aspects of the FIR filed against Asthana. He also believes that there is deliberate, concerted attempt to change the course of the investigation, and that there is a likelihood of tampering with evidence..Friends in High Places.The application filed by Advocate Sunil Fernandes reveals that Manoj Prasad – one of the accused in the case – stated that he was well-connected and even threatened CBI officials during his questioning..“Manoj was garrulous and arrogant, both at the same time, and in equal measure. He tried his best to ward off the investigation by dropping names of ‘high and mighty’ and mentioning his ‘top contacts’ to create fear in our mind..…has close acquaintance with the present National Security Advisor Shri Ajit K. Doval (“NSA”). This was one of the first things Manoj claimed on being brought to CBI HQ and expressed complete surprise and anger as to how CBI could pick him up, despite his close links with the NSA Shri Doval..…his brother Shri Somesh is very close to an officer at Dubai (name withheld) and to Samant Goel, presently Special Secretary, R&AW and he can get us “finished off” / “kicked out”.”.Sinha states that all the information disclosed by Prasad was reported to senior officers, but is unaware if the same was duly recorded in the interrogation statement..It is also stated that on inspection of messages and call records, a clear nexus was established among Manoj Prasad, his brother Somesh, and an unnamed CBI official..“…exchange of messages between Manoj and Sana, and Manoj and Somesh were studied which corroborates the instances of bribery mentioned in the complaint. There was no specific mention of the name of any Public Servant in any of the Whatsapp messages stored in the phone. There were references such as “too powerful people”, “Boss’’ etc. Messages indicated that they pertain to a CBI case and that Manoj and Somesh are able to obtain relief in the case on receiving payments..Further, it brought into picture one unidentified person who appeared to be the conduit between the “boss”, to obtain the relief from CBI. This unidentified person was someone who was high in standing in CBI and too powerful, as the messages indicated.”.On the morning of October 17, a day after Prasad was arrested, AK Bassi, another officer who was investigating the case, got a phone call from Special Cell of the Delhi Police, asking if Manoj has been arrested. The application states that as per inquiries, the query had originated from the Cabinet Secretariat..Further, Somesh made immediate calls to Samant Goel, who in turn made calls to Rakesh Asthana. There was also a call between Dineshwar Prasad (father of Manoj and Somesh) and Goel. As per the investigation, the following information was gathered after monitoring phone calls:.“Somesh tells to Sunil Mittal (Somesh’s Father in law):.“Asthana to Apna Aadmi Hai”.“Manoj has met Asthana 3 to 4 times”“Samant bhai met Asthana after registration of the case”.“Samant bhai is very close to Asthana”.. Samant Goel tell Somesh: “Do not come to India at any cost”..After the phones of the accused went silent, Bassi attempted to get permission to access the phones of public servants. However, then CBI Director Alok Verma did not permit it, stating that the National Security Agency (NSA) did not give clearance for the same..“It was then resolved, as a face-saving measure, to take recourse to the Quashing Petition, filed by Shri Rakesh Asthana, pending before the Hon’ble Delhi High Court, which was coming up for hearing on 23.10.2018. That is why, during the hearing dated 23.10.2018, the CBI had insisted that the electronic devices such as the cell phone sets be preserved.”.The application also makes note of the allegation that Union Minister of State for Coal and Mines Haribhai Chaudhary had taken a bribe in exchange for using his influence. As per Satish Babu Sana – the person who filed the complaint against Asthana – Chaudhary had spoken with senior officers of the CBI through the office of the Minister of Personnel, Public Grievances and Pension, to whom the CBI Director reports to..Sinha also claims that he was informed by a DIG on October 23 that someone spoke to Samant Goel and asked to help him, to which Samant Goel replied that “things have been managed with the PMO and everything is fine”. This was Sinha’s last direct involvement with the investigation before he, Bassi and Gurm were transferred out of Delhi..Quid Pro Quo.Sinha also sets forth what Satish Sana revealed during questioning. It is alleged that Sana was repeatedly approached by one Rekha Rani, who told him that the Union Law Secretary wanted to speak with him..“…the Union Law Secretary Shri Suresh Chandra said that he was in London for some work related to Nirav Modi case, that he was trying to contact him for last 4/5 days in order to convey the message of Cabinet Secretary Shri PK Sinha that the Union Government will offer full protection to him…”.Sana also stated that Suresh Chandra requested Rani to ensure that Sana be helpful, in exchange for which all his future problems will be taken care of, and that he should be brought to Delhi on November 15 or 16. In this light, the application states,.“The la affaire Sana is symptomatic of a larger deep-rooted malaise in the country’s premier investigation agency – the CBI. The Applicant is troubled by the contents of Shri Sana’s allegations, which if proved to be true, reflect very poorly on our criminal justice delivery system in general and the CBI in particular….…However such open-ended investigations give ample scope to unscrupulous elements to indulge in illegal or undesirable activities. There is a pressing need to fix a timeline for investigation of such cases so that premier investigating agencies such as Central Bureau of Investigation doesn’t becomes “Centre for Bogus Investigation” and Enforcement Directorate doesn’t becomes “Extortion Directorate”.”.Sinha has claimed that the officer presently investigating the case may not be able to conduct a fair and impartial probe, and that interference by the “high and mighty” cannot be ruled out..He also points out how difficult it was for him to conduct the investigation, and how difficult it will be without the assistance of the Court..“Investigation was not allowed to take its course and pace. The efforts of the agency to get evidences through secret operations were negated. The persons involved were cautioned. Crucial evidence could not be secured. Investigation, going forward, is certainly a daunting and an uphill task. In fact, the Investigation of this case appears derailed and doomed unless this Hon’ble Court pro-actively intervenes.”.Therefore, the following prayers have been made:.(A) Allow the present application and quash/set aside the transfer order dated 24.10.2018 qua the applicant herein;.(B) Call for the records of the instant FIR ie. RC No. 13(A)/2018/AC-III/New Delhi dated 15.10.2018 and ensure that the same is safe and not tampered with;.(C) Direct that the said FIR be investigated by a Special Investigation Team (“SIT”) under monitoring and supervision of this Hon’ble Court;.(D) Pass directions/orders to protect officers like the Applicant herein who have discharged their duties conscientiously and diligently and are in the nature of ‘whistle-blower’.The other two officers who had been transferred vide the same order – AK Bassi and SS Gurm – have also approached the Supreme Court with similar prayers..Read the intervention application:
The Central Bureau of Investigation (CBI) saga continues in the Supreme Court with another officer, Manish Sinha, approaching the Court today..In his intervention application, Sinha has made some explosive allegations, shedding light on how attempts have been made to stymie the investigation into former CBI Director Rakesh Asthana by involving “high and mighty” officials of the Government of India..Sinha, who was one of the officers investigating the complaint against Asthana in relation to the Moin Qureshi bribery case, has primarily challenged his transfer to Nagpur as being arbitrary, motivated and malafide, and was made solely with the purpose and intent to victimize him..He has also sought a direction from the Supreme Court to constitute and monitor a Special Investigation Team (SIT) to probe the case against Asthana..Further, he has sought that the Court issue directions with a view to protecting officers who have discharged their duties conscientiously and diligently..Sinha has asked the Court to allow his application as he had a bird-eye’s view of the entire investigation and possesses intricate knowledge of the aspects of the FIR filed against Asthana. He also believes that there is deliberate, concerted attempt to change the course of the investigation, and that there is a likelihood of tampering with evidence..Friends in High Places.The application filed by Advocate Sunil Fernandes reveals that Manoj Prasad – one of the accused in the case – stated that he was well-connected and even threatened CBI officials during his questioning..“Manoj was garrulous and arrogant, both at the same time, and in equal measure. He tried his best to ward off the investigation by dropping names of ‘high and mighty’ and mentioning his ‘top contacts’ to create fear in our mind..…has close acquaintance with the present National Security Advisor Shri Ajit K. Doval (“NSA”). This was one of the first things Manoj claimed on being brought to CBI HQ and expressed complete surprise and anger as to how CBI could pick him up, despite his close links with the NSA Shri Doval..…his brother Shri Somesh is very close to an officer at Dubai (name withheld) and to Samant Goel, presently Special Secretary, R&AW and he can get us “finished off” / “kicked out”.”.Sinha states that all the information disclosed by Prasad was reported to senior officers, but is unaware if the same was duly recorded in the interrogation statement..It is also stated that on inspection of messages and call records, a clear nexus was established among Manoj Prasad, his brother Somesh, and an unnamed CBI official..“…exchange of messages between Manoj and Sana, and Manoj and Somesh were studied which corroborates the instances of bribery mentioned in the complaint. There was no specific mention of the name of any Public Servant in any of the Whatsapp messages stored in the phone. There were references such as “too powerful people”, “Boss’’ etc. Messages indicated that they pertain to a CBI case and that Manoj and Somesh are able to obtain relief in the case on receiving payments..Further, it brought into picture one unidentified person who appeared to be the conduit between the “boss”, to obtain the relief from CBI. This unidentified person was someone who was high in standing in CBI and too powerful, as the messages indicated.”.On the morning of October 17, a day after Prasad was arrested, AK Bassi, another officer who was investigating the case, got a phone call from Special Cell of the Delhi Police, asking if Manoj has been arrested. The application states that as per inquiries, the query had originated from the Cabinet Secretariat..Further, Somesh made immediate calls to Samant Goel, who in turn made calls to Rakesh Asthana. There was also a call between Dineshwar Prasad (father of Manoj and Somesh) and Goel. As per the investigation, the following information was gathered after monitoring phone calls:.“Somesh tells to Sunil Mittal (Somesh’s Father in law):.“Asthana to Apna Aadmi Hai”.“Manoj has met Asthana 3 to 4 times”“Samant bhai met Asthana after registration of the case”.“Samant bhai is very close to Asthana”.. Samant Goel tell Somesh: “Do not come to India at any cost”..After the phones of the accused went silent, Bassi attempted to get permission to access the phones of public servants. However, then CBI Director Alok Verma did not permit it, stating that the National Security Agency (NSA) did not give clearance for the same..“It was then resolved, as a face-saving measure, to take recourse to the Quashing Petition, filed by Shri Rakesh Asthana, pending before the Hon’ble Delhi High Court, which was coming up for hearing on 23.10.2018. That is why, during the hearing dated 23.10.2018, the CBI had insisted that the electronic devices such as the cell phone sets be preserved.”.The application also makes note of the allegation that Union Minister of State for Coal and Mines Haribhai Chaudhary had taken a bribe in exchange for using his influence. As per Satish Babu Sana – the person who filed the complaint against Asthana – Chaudhary had spoken with senior officers of the CBI through the office of the Minister of Personnel, Public Grievances and Pension, to whom the CBI Director reports to..Sinha also claims that he was informed by a DIG on October 23 that someone spoke to Samant Goel and asked to help him, to which Samant Goel replied that “things have been managed with the PMO and everything is fine”. This was Sinha’s last direct involvement with the investigation before he, Bassi and Gurm were transferred out of Delhi..Quid Pro Quo.Sinha also sets forth what Satish Sana revealed during questioning. It is alleged that Sana was repeatedly approached by one Rekha Rani, who told him that the Union Law Secretary wanted to speak with him..“…the Union Law Secretary Shri Suresh Chandra said that he was in London for some work related to Nirav Modi case, that he was trying to contact him for last 4/5 days in order to convey the message of Cabinet Secretary Shri PK Sinha that the Union Government will offer full protection to him…”.Sana also stated that Suresh Chandra requested Rani to ensure that Sana be helpful, in exchange for which all his future problems will be taken care of, and that he should be brought to Delhi on November 15 or 16. In this light, the application states,.“The la affaire Sana is symptomatic of a larger deep-rooted malaise in the country’s premier investigation agency – the CBI. The Applicant is troubled by the contents of Shri Sana’s allegations, which if proved to be true, reflect very poorly on our criminal justice delivery system in general and the CBI in particular….…However such open-ended investigations give ample scope to unscrupulous elements to indulge in illegal or undesirable activities. There is a pressing need to fix a timeline for investigation of such cases so that premier investigating agencies such as Central Bureau of Investigation doesn’t becomes “Centre for Bogus Investigation” and Enforcement Directorate doesn’t becomes “Extortion Directorate”.”.Sinha has claimed that the officer presently investigating the case may not be able to conduct a fair and impartial probe, and that interference by the “high and mighty” cannot be ruled out..He also points out how difficult it was for him to conduct the investigation, and how difficult it will be without the assistance of the Court..“Investigation was not allowed to take its course and pace. The efforts of the agency to get evidences through secret operations were negated. The persons involved were cautioned. Crucial evidence could not be secured. Investigation, going forward, is certainly a daunting and an uphill task. In fact, the Investigation of this case appears derailed and doomed unless this Hon’ble Court pro-actively intervenes.”.Therefore, the following prayers have been made:.(A) Allow the present application and quash/set aside the transfer order dated 24.10.2018 qua the applicant herein;.(B) Call for the records of the instant FIR ie. RC No. 13(A)/2018/AC-III/New Delhi dated 15.10.2018 and ensure that the same is safe and not tampered with;.(C) Direct that the said FIR be investigated by a Special Investigation Team (“SIT”) under monitoring and supervision of this Hon’ble Court;.(D) Pass directions/orders to protect officers like the Applicant herein who have discharged their duties conscientiously and diligently and are in the nature of ‘whistle-blower’.The other two officers who had been transferred vide the same order – AK Bassi and SS Gurm – have also approached the Supreme Court with similar prayers..Read the intervention application:
