Justice Waziri also sought response of the probe agency and its Director Alok Kumar Verma and Joint Director A K Sharma on the separate pleas of Asthana and arrested Deputy Superintendent Devender Kumar in the bribery case. The high court asked both Asthana and Kumar to preserve the records of the case and also their mobile records. Kumar, who was arrested by the CBI on Monday, has also filed a separate petition seeking quashing of the FIR.
Asthana counsel and senior advocate Amrendra Sharan told the court: "This is a case of illegal registration of FIR against CBI Spl Director based on a statement of an accused." He said the matter is of great urgency and the person whose arrest was recommended by Asthana has now been made a complainant and based on his complaint this FIR has been filed. "Any investigation without proper permission will be illegal," Asthana's counsel submitted.
CBI's counsel said the FIR was registered under the provisions of Prevention of Corruption Act and the IPC, including criminal conspiracy, and they have added more sections against the accused relating to extortion and forgery.
The court then posted the matter for hearing on Monday when the CBI director Alok Verma has to respond to the allegations levelled against him by Rakesh Asthana. "Till then no action can be taken against Special CBI Director, the High Court said.
Asthana, a 1984 batch Indian Police Service officer of the Gujarat cadre, is accused of accepting a bribe of Rs 2 crore from a businessman who was being investigated in the Qureshi case in order to "wreck" the investigation. The case was being examined by a special investigation team (SIT) headed by Asthana.
Meanwhile, the CBI produced its DSP Devender Kumar before a Delhi court in connection with bribery allegations involving agency's Special Director Rakesh Asthana. Kumar was arrested by the CBI on Monday. The investigating agency sought his custody for 10 days and told Special CBI Judge Santosh Snehi Mann that incriminating documents and evidence found after raiding his office and residence. It claimed that Kumar was part of extortion racket being run in the garb of investigation. The court has sent Devender Kumar to 7-day CBI custody.
Kumar's counsel opposed the submission and moved a bail plea before the court. The CBI also sought the court's nod to add some more sections in the present FIR against accused including Kumar.
Kumar, earlier the investigating officer in a case involving meat exporter Moin Qureshi, was arrested on the allegations of forgery in recording the statement of businessman Sathish Sana, who had alleged to have paid bribe to get relief in the case.
In his statement, Sana had purportedly said that he had in June this year discussed his case with Telugu Desam Party's Rajya Sabha member C M Ramesh who, after speaking to the CBI Director, had assured him that he would not be summoned again.
"From June onwards, I was not called by the CBI. I was under the impression that investigation against me is complete," he is believed to have said.
The CBI has now alleged that Kumar had fabricated this statement as an "afterthought...to corroborate the baseless allegations made by Asthana against CBI Director Alok Verma to the CVC (Central Vigilance Commissioner)".
They said the agency was also looking into the alleged role of other members of the special investigation team headed by Asthana.
Asthana, who was booked by the agency on bribery charges in an unprecedented action, had complained against Verma.
(With inputs from agencies)