‘FIR against Rakesh Asthana shows cognizable offence, needs thorough investigation’, CBI tells Delhi HC

As the turmoil within the Central Bureau of Investigation (CBI) plays out in the courts, the agency has stood by the FIR filed against its own Special Director Rakesh Asthana..The CBI’s reply submitted to the Delhi High Court states that it has found incriminating material against Rakesh Asthana, and has therefore opposed his plea seeking quashing of the FIR filed against him..In its reply, the CBI states that the allegations made by the informant – businessman Sathish Sana – against Asthana and others are of grave nature. Reference was also made to the Special CBI Judge’s order in the case of Asthana’s co-accused, which states that the probe is not in the conduct of the decisions taken by the officials in their official capacity. Therefore, a prior permission to be sought in conformity with Section 17 of the Prevention of Corruption Act was not required..The CBI further opposed Asthana’s plea by stating that the FIR was registered based on Sana’s complaint, which claims the commission of a cognizable offence..It has also been submitted by the CBI that the inquiry is at a very nascent stage and needs to be thoroughly investigated..“It is submitted that thorough investigation is required to ascertain true facts of the case which would ensure credibility of the CBI.”.On the question of disclosure of certain aspects, the agency has apprised the Court that the case file has been handed over to the Central Vigilance Commission (CVC)..The CBI also stated that all the searches and raids conducted by it were in conformity with the provisions of the law, and opposed Asthana’s claim that the searches were illegal..The Bench of Justice Najmi Waziri of the Delhi High Court had pulled up the CBI on October 29 for its failure to file a reply in this matter. The Court had set a deadline for the CBI, stating that its reply should be filed “on or before October 31”..While the reply was filed before the Court and its copies served to the parties, the matter has been adjourned till November 14. The interim order of maintaining status quo will continue till the next date of hearing.