HC dismisses CBI DSP's plea not to allow then director Alok Verma to deal with FIR against him

The Delhi High Court on Monday declined to entertain CBI Deputy SP Devender Kumar's plea, which had sought direction to the probe agency not to allow its then director Alok Verma to deal with FIR lodged against him and Special Director Rakesh Asthana over bribery allegations.

Justice Najmi Waziri said the relief sought by Kumar cannot be granted as the court has already delivered a judgement in his and Asthana's pleas seeking quashing of the FIR and asked his lawyer to withdraw the application.

"Dismissed as withdrawn," the court said.

Kumar's lawyer told the court that application was filed prior to delivery of the judgement, but was listed for hearing on Monday.

In his plea, the officer had sought directions to Verma and other re-transferred CBI officials not to deal with the bribery FIR.

Verma resumed duties on January 9 after the Supreme Court on January 8 set aside the October 23, 2018 central government's order sending him on forced leave.

He, thereafter, had withdrawn most of the transfer orders, including that of CBI DIG M K Sinha, made by M Nageswar Rao who was made interim chief in Verma's absence.

The high-powered Selection Committee, comprising Prime Minister Narendra Modi, Justice A K Sikri as nominee of the CJI and the Leader of Congress in Lok Sabha Mallikarjun Kharge, on January 10 removed Verma as the CBI Director on charges of corruption and dereliction of duty.

Kumar's application had said that the Supreme Court has reinstated Verma as the CBI director but has directed him not to take any major policy decision.

"Further to his reinstatement, Verma in a clear violation of the order of the Supreme Court and also with a clear mala-fide brought back the investigating team which had been removed because of its biased and illegal manner of working in the present matter.

"Verma, within few hours of his resuming office as CBI director, passed fresh orders, recalling earlier order of transfer of Respondent no 3 (Joint Director A K Sharma), DIG (Manish Kumar Sinha), SP (S S Grum) and Dy SP (A K Bassi)," the application had said.

It had alleged that such reinstatement has re-affirmed Kumar's claim of a mala fide and biased investigating team.

He had also sought direction to CBI to produce the October 4, 2018 handwritten complaint by Sathish Babu Sana, a Hyderabad-based businessman, and the pre-registration file maintained in the FIR.

Kumar had also urged the court to consider the Sana's handwritten complaint and the pre-registration file, before adjudicating the matter and pronouncing the final judgment.

Kumar, earlier the investigating officer in a case involving meat exporter Moin Qureshi, was arrested on October 22, 2018 on the allegations of forgery in recording the statement of Sana who had alleged to have paid bribe to get relief in the case. He was granted bail on October 31.

Sana, on whose complaint the FIR was lodged, had also made allegations of corruption, extortion, high-handedness and serious malpractices against Asthana.

On January 11, the high court had refused to quash the FIR lodged against Asthana, Kumar and others on bribery allegations and had directed the CBI to complete investigation in the case within 10 weeks.