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Regular-article-logo Monday, 13 May 2024

Plea of Asthana investigator rejected

Officer should seek appropriate remedy: Supreme Court

Our Legal Correspondent New Delhi Published 29.07.20, 03:25 AM
Rakesh Asthana

Rakesh Asthana File picture

The Supreme Court on Tuesday refused to entertain a plea from a CBI officer, who had earlier accused the government of scuttling a probe against Narendra Modi favourite Rakesh Asthana, against his second transfer to Port Blair in just over a year.

Deputy superintendent of police A.K. Bassi told the apex court he had been transferred the second time to the Andamans shortly after his first transfer was revoked in January 2019 following a Supreme Court case.

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The bench of Chief Justice S.A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian, however, told Bassi’s counsel Rajeev Dhavan the officer should seek “appropriate remedy” — that is, approach the government.

“Mr Bassi, is it true that you have not yet joined at Port Blair? How can you not join your place of posting?” the Chief Justice asked senior advocate Dhavan.

Bassi had first been transferred to Port Blair during the midnight benching of then CBI director Alok Verma and his warring deputy Asthana in October 2018.

Bassi, who had been probing corruption charges against Asthana, petitioned the apex court against the transfer.

He told the court the government was replacing the investigators to secure a “clean chit” to Asthana. The court later asked him to approach the government for remedy.

After the apex court reinstated Verma in January 2019, he revoked Bassi’s transfer. But Verma retired when the government transferred him within days. Bassi was immediately transferred back to Port Blair.

“The court had passed a judgment... that my client should make a representation challenging the transfer,” Dhavan said.

“This (revocation of first transfer) happened on 9 January (2019). That should have been the end of the matter. On 10 January a new CBI director comes in and says I declare the 9 January order non est (illegal). The CBI director’s order restored the transfer to Port Blair.”

Justice Bobde said: “If you say this order is incorrect you still have to follow it. Where is our order which says you don’t have to go to Port Blair?”

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