CBI DSP sent to 7 day remand; agency slaps extortion, forgery on all accused including Asthana

CBI's DSP Devender Kumar, arrested in connection with bribery allegations involving its Special Director Rakesh Asthana, was on Tuesday sent to seven days of the agency's custody for interrogation by a designated court here as the CBI added fresh charges of extortion and forgery to the FIR.

Terming the offence as "grave", special CBI Judge Santosh Snehi Mann said "considering the gravity of the offence and seriousness of allegations about the involvement of public servants including accused, I am of the opinion the police custody of accused Devender Kumar is necessary for proper investigation.

"Accused is remanded to police custody for seven days," the judge said in the order.

The court also turned down a plea taken by the counsel of the accused that the agency had not taken requisite prior permission under section 17-A of the prevention of corruption act from the competent authority.

Advocate Rahul Tyagi, appearing for Kumar, said that the arrest of the accused and investigation against him in this case was in violation of the law as there was no prior approval under section 17A, which makes it mandatory to have an approval from the government for carrying out any investigation into any offence alleged to have been committed by a public servant.

The court rejected the contention, saying that "the alleged conduct does not relate to any recommendation or decision taken by the accused in discharge of his official duties, being investigating officer of that case, because the case is still pending investigation. Therefore, prior approval under section 17A of PC Act is not attracted in the case."