Rakesh Asthana: Delhi HC issues notice in complainant SS Babu’s plea to be made a party

The Delhi High Court today issued notice in complainant Satish Sana Babu’s plea to be impleaded as a party in the ongoing proceedings to quash the FIR registered against Central Bureau of Investigation (CBI) Special Director Rakesh Asthana..Babu had alleged that Asthana and others accepted gratification in the Moin Qureshi case..The matter was listed for hearing before Justice Najmi Waziri..Senior Advocate Salman Khurshid, appearing for Babu, began his submissions by stating that he was “the missing piece in the jigsaw puzzle”..He submitted that since the FIR was registered pursuant to his complaint to the agency, he should be heard in the proceedings to quash the same..“I appeared before the CVC. I also gave a statement under section 164 (of CrPC). I am willing to go again”, he said..Khurshid argued that with the change in the team investigating the case, Babu apprehended that he would be “pressurized to take back the complaint”..Apart from being impleaded as a party, Babu also sought protection from any coercive steps by the CBI..“I need the same protection as the accused (Asthana)…In totality of circumstances, these are very unusual facts”, Khurshid submitted..The plea was strongly opposed by Additional Solicitor General Vikramjit Banerjee, who was appearing for CBI..Since Babu’s complaint was already on record and the agency was defending it in the proceedings, there is no need to implead him, Banerjee argued..“Why should he be added? There is no need for it…It is not necessary to create more ripples. He is not bringing anything more on record.”.To this, Justice Waziri replied,.“This objection should come from the Petitioner (Asthana). Take time, look into the matter.”.CBI also informed the Court that Babu was “choosing not to appear before” it in the investigation. It also submitted that as far as the present FIR was concerned, the agency was “not contemplating” any coercive measure against Babu so far..“I don’t think there is any impeding threat to him”, Banerjee said..The statement was accepted and recorded by the Court. With respect to any other FIR, however, the Court clarified that Babu must approach the appropriate court..While issuing notice to the parties, the Court directed them to file their replies before the next date of hearing. The Court also directed Babu to appear before the agency on December 17 at 10 am..The matter will be next heard on December 14..Babu had earlier approached the Supreme Court seeking police protection, fearing a threat to his life and liberty. In his application, Sana had also asked for his interrogation to be carried out under the supervision of retired judge of the Supreme Court AK Patnaik J., who will also be monitoring the inquiry against Alok Verma. While the Apex Court granted the first request, it declined the latter..It was Babu’s statement that formed the basis for the FIR filed against the agency’s Special Director Rakesh Asthana. He had alleged that Asthana received a bribe of Rs 2 crore in exchange for a clean chit to him in an investigation in the case relating to meat trader Moin Qureshi.