
New Delhi: The Delhi high court on Tuesday asked the Central Bureau of Investigation (CBI) to bring on record various criminal provisions under which an FIR has been registered against agency officials, including its second most senior officer Rakesh Asthana.
Justice Najmi Waziri, who was hearing the case, also sought status quo be maintained till the next date of hearing.
"Petitioners (Rakesh Asthana and Devendra Kumar) shall ensure safe custody and preserve all electronic records in their custody, including mobile phones," Justice Waziri said.
The court also denied interim relief to Kumar, the CBI deputy superintendent of police who was arrested on Monday in connection with the corruption case registered against CBI special director Asthana.
Advocate Amarendra Sharan, appearing for Asthana, told the court that it was a matter of utmost urgency as it concerned the CBI. "It is barred by Section 17 (a) of the Prevention of Corruption Act, 1987. It is mala fide," he said.
Sharan added it was necessary to seek permission before starting investigation and any investigation without permission would be "without jurisdiction, illegal and in the teeth of law".
Asthana had moved the Delhi high court earlier in the day seeking quashing of an FIR against him.
On Monday evening, CBI sleuths arrested Kumar, the investigating officer of a CBI special investigation team (SIT) probing money-laundering charges against controversial Hyderabad-based meat exporter Moin Qureshi.
Kumar was charged with falsifying the statement of a Hyderabad-based businessman named Sathish Sana, a key witness in the case, in order to implicate CBI director Alok Verma.
“It was found that Devender Kumar had fabricated the statement… to corroborate the baseless allegations made by Rakesh Asthana against Alok Verma to the Chief Vigilance Commission. The role of other officers of the SIT supervising the Moin Qureshi case is also being probed,” the CBI said in a statement.
The CBI had on 15 October registered a case of criminal conspiracy and corruption against Asthana. People familiar with the development said trouble was mounting for Asthana with the Enforcement Directorate (ED) likely to take over a money trail investigation of the CBI special director.