Sana wants to be heard in Asthana case: Delhi HC seeks CBI response

THE COURT DIRECTED SANA TO APPEAR BEFORE THE CBI ON DEC 17 AFTER HE SOUGHT DIRECTION TO AGENCY NOT TO TAKE COERCIVE STEPS AGAINST HIM

NEW DELHI: The Delhi high court Tuesday sought the Central Bureau of Investigation (CBI) response on a plea by Hyderabadbased businessman Sathish Babu Sana seeking to be heard in a matter pertaining to the quashing of the FIR registered against Special Director Rakesh Asthana on bribery allegations. Sana is a complainant in the FIR.

Justice Najmi Waziri also sought replies of Asthana, CBI director Alok Verma, joint director A K Sharma and DSP Devender Kumar on Sana’s plea urging him to be impleaded as a party in Asthana’s petition seeking quashing of the FIR.

The court directed Sana to appear before the CBI on December 17 after he sought direction to the agency not to take any coercive step against him.

Additional solicitor general Vikramjit Banerjee and advocate Rajdipa Behura, representing the CBI, said Sana was a complainant and so far no coercive steps were contemplated against him.

CBI counsel said Sana was asked to join the probe and some time back when he was asked to appear before the agency, he chose not to. The agency also opposed his plea to be impleaded as a party in Asthana’s petition, saying it was not needed.

Senior advocate Salman Khurshid, appearing for Sana, said the FIR was filed on the basis of his complaint. He was helping the agency in the investigation and should also be heard.

He said Sana was willing to appear before the agency and he also appeared before the Chief Vigilance Commission (CVC) on four occasions. He said Sana’s apprehension was that the entire theme of probe could change and then he could be forced to change his stand. When Khurshid sought protection from coercive steps in another case lodged against Sana, the court said he will have to move a petition in this regard before an appropriate court. The counsel said as the court has protected Asthana, an accused in the case, from coercive steps, Sana be also given protection.

The court listed the matter for further hearing on December 14. 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 Sana who had alleged to have paid bribe to get relief in the case. He had also made allegations of corruption, extortion, high hand- edness and serious malpractices against Asthana.

Kumar was granted bail by a Delhi court on October 31.

In a previous hearing, Asthana had claimed in the high court that prior government nod was needed for lodging FIR against him and Kumar in the graft case, a submission which was vehemently denied by his senior.

In response to Asthana’s plea challenging the FIR, Verma had said in his affidavit that Additional Solicitor General (ASG) P S Narasimha’s view was sought by the CBI on the need for prior government approval to lodge an FIR against public servants facing allegations of corruption and he had opined it was not required.

Asthana’s submission was countered by CBI, Verma and joint director A K Sharma who had argued that no sanction was required as the allegations against the two officers were not in relation to the discharge of their duties.