The Central Bureau of Investigation (CBI) on Thursday filed a reply before the Delhi High Court opposing the plea filed by its Special Director Rakesh Asthana.
In its reply, CBI has stated that the matter is currently under initial stages of the investigation and it is handicapped because certain files are with the Central Vigilance Commission (CVC).
The CBI also stated before the High Court that the plea filed by Asthana seeking quashing of the First Information Report (FIR) should be dismissed.
On Wednesday, Additional Superintendent of Police (SP) SS Gurm moved the Delhi High Court in the ongoing bribery case against Asthana to quash an FIR filed against him by the probe agency.
In the petition, Gurm had alleged that Asthana was "misleading" and the CBI was trying to protect him.
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Asthana came under scrutiny after the CBI filed an FIR against him for allegedly accepting a bribe from a businessman, who was linked to Moin Akhtar Qureshi case. He was heading the Special Investigation Team (SIT) that was investigating Qureshi's case.
Before being sent on leave by the government, Asthana had moved the Delhi High Court against the FIR citing Section 17A, which made it compulsory that before setting up an inquiry or investigation under Prevention of Corruption (PoC) Act against the government servant, an approval of the sitting government or department will have to be sought.
In his petition, Gurm had claimed that he had vetted the FIR against Asthana and added, "The basis of the FIR is not predicated on any recommendation or decision taken by Asthana in the discharge of his official functions or duties. Therefore requirement of sanction is not there."
Gurm further claimed that the CBI had consulted Additional Solicitor General PS Narasimha, who was of the opinion that 17A sanction is not required.
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