CBI vs CBI: Court orders status quo against Asthana; 7-day custody for DSP

A Delhi court on Tuesday allowed the CBI to interrogate in custody for seven days its Deputy Superintendent of Police Devender Kumar, who was arrested on Monday in connection with bribery allegations involving its special director Rakesh Asthana. However, some of the cases, including the Aircel-Maxis case and one pertaining to meat exporter Moin Qureshi, have been taken away from him, sources in the CBI said.  

In a related development, the Delhi High Court asked the probe agency to maintain status quo on proceedings against its Asthana, the number two in CBI. The CBI had raided offices in the CBI headquarters and Kumar’s residence on Monday. Asthana moved court on Tuesday. 

While the CBI cannot arrest Asthana till October 29, the next date of hearing, the high court clarified that there is no stay on the agency continuing with its probe considering the nature and gravity of the case. The high court, which heard the matter for 20 minutes, asked both Asthana and Kumar to preserve the records which are in their custody, including mobile phones. Kumar has also filed a separate petition seeking quashing of the FIR. 

Opposition leaders said the case was yet another example of the Narendra Modi government damaging and destroying country’s institutions.

A day after Congress President Rahul Gandhi said Asthana was the “blue-eyed boy” of Prime Minister Narendra Modi, party spokesperson Randeep Singh Surjewala said the case was evidence of Modi and BJP chief Amit Shah’s misuse of the CBI to fix political opponents. 

According to sources, Research and Analysis Wing, or RAW, India’s external intelligence agency, has been drawn into the case after the CBI FIR against Asthana, Kumar and some others lodged on October 15 also mentions a senior RAW officer.

On October 15, the CBI registered an FIR against Asthana alleging criminal misconduct on his part and that Hyderabad based businessman Sathish Sana had allegedly paid bribe of around Rs 50 million to him, through a middleman, to get relief. Asthana heads the SIT probing tax evader Moin Qureshi.