New twist to infighting in CBI

Two law officers appear in court

NEW DELHI, 07/07/2017: CBI Additional Director Rakesh Asthana addressing a media conference on conducting searches at over a dozen locations of Rashtriya Janata Dal chief Lalu Prasad Yadav, in New Delhi on Friday. Photo: V. Sudershan

In a fresh twist to the ongoing internal feud in the CBI, which has escalated over the weeks, two law officers staked a claim to represent the probe agency in the Delhi High Court on Thursday.

CBI Additional Public Prosecutor K. Raghavacharyulu has been appearing for the probe agency in a plea filed by Special Director Rakesh Asthana seeking to quash an FIR registered against him in an alleged bribery case.

On Thursday, Additional Solicitor General Vikramjit Banerjee too joined the proceedings before Justice Najmi Waziri claiming that he was instructed to appear for the agency.

Mr. Raghavacharyulu opposed the appearance of the ASG contending that he has been appointed to represent the agency and has been doing so since the case came up before the High Court on October 23.

 

Justice Waziri has posted the case for further hearing on November 14 and asked the CBI to maintain status quo on proceedings against Mr .Asthana in connection with the bribery case till then. The CBI, in an affidavit filed through Mr .Raghavacharyulu, opposed Mr. Asthana’s plea seeking quashing of the FIR. It said the FIR was registered “on the basis of a complaint received disclosing commission of cognisable offences.”

“The investigation against the accused persons has not been stayed/stalled by any authority. There may be a slight delay due to the unwarranted developments,” it added.

“The CBI is handicapped for lack of certain filed, documents and other materials, since the same are under scrutiny by the Central Vigilance Commission. Various adverse allegations which are not denied specifically cannot be understood as admissions,” the affidavit said.

“The CBI denies all the adverse allegations whether they are germane or not germane to the present petition,” it added in the affidavit filed in response to petitions by Mr. Asthana and Deputy SP Devender Kumar, both seeking quashing of FIR against them in the bribery case.

During the hearing, Mr. Asthana and Mr. Kumar opposed the plea of Additional Superintendent of Police S.S. Gurm, who had registered the FIR on October 15, to be heard in the case.

Mr. Gurm, who has since been transferred from Delhi to Jabalpur, has in his plea alleged that Mr. Asthana was misrepresenting facts before the High Court.