
SC Reserves Judgment On Petition Challenging CBI Special Director Rakesh Asthana's Appointment
Live LawThe Supreme Court bench of Justice RK Agrawal and Justice AM Sapre on Friday reserved judgment on a writ petition, filed by NGO Common Cause, seeking the quashing of the appointment of Gujarat cadre IPS officer Rakesh Asthana as the CBI special director.Advocate Prashant Bhushan, appearing on behalf of the petitioner, relied on the judgment of the apex court in the Vineet Narain case, in so much as it provides for appointments up to the post of joint director, CBI, to be determined by the Central Vigilance Commissioner, the home secretary and the secretary, Department of Personnel and Training, in consultation with the CBI director. The present petition seeks the quashing of the cabinet committee order dated October 22 appointing Asthana as the CBI special director on account of the seizure of one ‘Diary of 2011’ in a 2011 income tax raid at the premises of the said companies. Attorney General KK Venugopal produced the minutes of the meeting dated October 21 of the CBI selection committee, wherein it was observed that Rakesh Asthana, in view of his years of experience and his contributions in the investigations of the AgustaWestland scam, Kingfisher cases, the coal and iron ore mining scams etc., is best suited for appointment to the post of CBI special director. Bhushan mocked the observations of the Selection Committee, saying, “They read the CBI Director’s note regarding Asthana’s alleged involvement in the commission of offences by Sterling and Sandesara and said that the person referred to in the note is not the present respondent Rakesh Asthana.” The matter is listed for pronouncement of final orders and judgment on November 28.
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