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Delhi High Court rejects CBI Spl Director Rakesh Asthana’s plea for quashing cases

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Rakesh Asthana

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The Delhi High Court today (Friday, Jan 11) dismissed the pleas of CBI Special Director Rakesh Asthana and suspended DSP Devender Kumar seeking quashing of FIR against them on bribery allegations and extortion.

The court said the allegation of mala fide raised against the then CBI Director Alok Verma is not made out. Verma was yesterday removed as CBI director in a 2:1 decision by the Select Committee headed by Prime Minister Narendra Modi on grounds of a report by Central Vigilance Commission listing allegations levelled by Asthana against him.

Verma, who was posted as Director General, Fire Services, Civil Defence & Home Guards for the residual period of his present term ending on January 31, 2019, has declined to take up the post and said that he has superannuated and was continuing as CBI chief because of the fixed two-year tenure for that post.

Meanwhile, interim CBI director M Nageswara Rao today revoked all transfer decisions taken by Alok Verma restoring the position of officials as on January 8.

In his order against Asthana today, Justice Najmi Waziri also vacated the October 23, 2018 interim order directing the agency to maintain “status quo” on proceedings against Asthana, who had sought directions for no coercive steps in connection with a case of alleged bribery.

The court was hearing petitions filed by the three challenging the First Information Report or FIR in which Asthana was charged with criminal conspiracy, corruption and criminal misconduct.

The court further said the investigation into the FIR against four, including Asthana, be completed within 10 weeks time.

It ruled that the sanction to prosecute Asthana and Devender Kumar was not required in the matter, keeping the facts of this case in view.

The court had reserved the judgment on December 20, 2018, on various petitions after hearing submissions of counsel for the CBI, Asthana, agency director Alok Verma, Deputy Superintendent Devender Kumar, and Joint Director AK Sharma.

Asthana, Kumar and an alleged middleman Manoj Prasad had moved court seeking the quashing of the FIR against them.

The FIR was filed after Hyderabad-based businessman Sathish Babu Sana claimed he had paid bribes to get relief in a case related to meat-exporter Moin Qureshi and made allegations of corruption and extortion against Asthana.

Sana alleged he paid bribe to get relief in a money laundering case involving meat exporter Moin Qureshi. Rakesh Asthana, a 1984-batch IPS officer of the Gujarat cadre, is accused of accepting a bribe of Rs. 2 crore from Sana.

Kumar, earlier the investigating officer in a case involving Qureshi, was arrested in the case on October 22, 2018 and was granted bail a week later. Prasad was arrested on October 17, 2018, and he was granted bail on December 18, 2018.

Besides seeking to summon records of the FIR and related documents, Asthana and others had sought quashing of the FIR lodged against them on October 15, 2018, under various sections of the IPC and Prevention of Corruption Act.

Also Read: Alok Verma first CBI director to be removed by Select Committee’s 2:1 decision

Asthana had told the court he was maliciously harassed and there was no evidence against him and the bribery case is a backlash to complaints of criminal misconduct against Alok Verma.

Alok Verma’s resignation letter

Alok Verma, who was removed as CBI director by the PM-led selection panel on Thursday, said in his resignation letter that it was a moment of “collective introspection”.

“Also, it may be noted that the undersigned already superannuated as on July 31, 2017 and was only serving Government as director, CBI till January 31, 2019, as the same was fixed tenure role. The undersigned is no longer director, CBI and has already crossed the superannuation age for DG Fire Service, Civil Defence and Home Guards. Accordingly, the undersigned may be deemed as superannuated with effect from today,” Verma said in his letter to Secretary, Department of Personnel and Training.

Verma, a 1979-batch IPS officer from AGMUT cadre, was transferred from the position of CBI Director to Director General, Fire Service, Civil Defence and Home Guards under the home ministry Thursday.

Alok Verma had claimed that he was transferred on the basis of “false, unsubstantiated and frivolous allegations” made by only one person who was inimical to him.

In a statement late last night, Verma had said that the CBI being a prime investigating agency dealing in corruption in high public places is an institution whose independence should be preserved and protected.

Also Read:CBI Director Verma’s ouster, unanswered questions, Kharge’s note, Rafale and other cases on CBI Director’s table for probe

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India News

BJP attacks Congress over protests, says India is not a banana republic

The BJP defended police action ahead of the Cockroach Janata Party’s protest in Delhi and criticised Rahul Gandhi and the Congress-led Opposition over demonstrations concerning alleged electoral fraud.

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Ravi Shankar Prasad

The Bharatiya Janata Party (BJP) on Saturday defended police action ahead of a protest called by the Cockroach Janata Party (CJP) in Delhi and launched an attack on Congress and Rahul Gandhi over demonstrations concerning alleged electoral fraud.

Addressing the issue, BJP spokesperson and MP Ravi Shankar Prasad defended the Special Intensive Revision (SIR) of electoral rolls and Chief Election Commissioner Gyanesh Kumar, whose resignation has been demanded by Opposition parties.

“India is not a banana republic,” Prasad said, asserting that the country had not bowed under Prime Minister Narendra Modi’s leadership and would not do so in the future.

He also described the developments surrounding the protests as an attempt to create anarchy, arguing that democratic institutions and Parliament, rather than street demonstrations, should determine the country’s course.

BJP accuses Congress of politicising street protests

Prasad said the BJP was not opposed to protests but accused Congress of using street demonstrations as a political weapon following electoral defeats.

He argued that the BJP-led National Democratic Alliance’s victories in bypolls in Assam, West Bengal and Puducherry on Friday demonstrated public support for the ruling alliance. He also claimed that the protests had failed to secure popular backing.

The BJP spokesperson’s remarks were directed primarily at Congress and Rahul Gandhi, although he did not specifically name CJP while criticising the protests.

Over 1,000 people detained amid Delhi protest crackdown

More than 1,000 people, including CJP founder Abhijeet Dipke and other leaders, were detained in Delhi on Saturday morning as police action prevented protesters from reaching the planned demonstration site at Jantar Mantar.

Four former chief ministers — Arvind Kejriwal, Mamata Banerjee, Pinarayi Vijayan and Manik Sarkar — were also detained during the day. All India Students’ Association president Neha Bora was among those detained.

A heavy deployment of police and paramilitary personnel across the capital prevented protesters from reaching Jantar Mantar, with authorities citing the absence of permission for the demonstration.

The CJP protest was called over allegations of electoral fraud and concerns surrounding the conduct of the Election Commission. The allegations remain contested.

BJP responds to Rahul Gandhi’s remarks on the President

Prasad also criticised Rahul Gandhi over his statement following a meeting with President Droupadi Murmu on Friday.

Gandhi had said the President did not deny the Opposition’s allegations of “vote chori”, or vote theft. Prasad described Gandhi’s interpretation as an insult to the office of the President.

The INDIA bloc had submitted a memorandum outlining its demands concerning the Election Commission and the electoral process.

These included the resignation of Chief Election Commissioner Gyanesh Kumar, repeal of the 2023 law providing legal immunity to the Chief Election Commissioner and Election Commissioners, suspension of the SIR exercise, restoration of 13.3 crore voters whom the Opposition said had been deleted from electoral rolls, and a return to paper ballots.

The memorandum also sought the repeal of Assembly election results from the previous two years in constituencies where the Opposition claimed conclusive evidence of vote theft had been presented.

The BJP’s response comes amid a wider political confrontation between the ruling party and Opposition groups over electoral rolls, the Election Commission and allegations of irregularities in the electoral process.

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Mamata Banerjee, TMC MPs detained during Delhi protest 

Mamata Banerjee and five Trinamool Congress MPs, including Derek O’Brien and Dola Sen, were detained in Delhi while attempting to join a protest against Chief Election Commissioner Gyanesh Kumar.

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Former West Bengal Chief Minister Mamata Banerjee and five Trinamool Congress (TMC) MPs were detained in Delhi on Saturday while attempting to join a protest organised by the Cockroach Janta Party (CJP) against Chief Election Commissioner Gyanesh Kumar. 

Banerjee was detained from South Avenue in central Delhi, where she had staged a protest at a bus stop after police stopped her from proceeding. The five TMC MPs detained alongside her included Derek O’Brien and Dola Sen. They were taken away in a police bus. 

Banerjee was seen with a band-aid over her mouth during the protest. In a video statement recorded inside the police bus, she accused the government of misbehaving with the protesters and said the INDIA alliance would continue fighting to strengthen people’s voices. 

The opposition leaders raised allegations of “vote chori” and electoral irregularities, demanding the removal of Chief Election Commissioner Gyanesh Kumar. These were allegations made by opposition leaders, not independently established findings.

Police stopped Banerjee as she attempted to proceed to the protest. Several other opposition and student leaders were also detained while trying to join the demonstration. Former Kerala Chief Minister Pinarayi Vijayan and CPM MP John Brittas were among those taken to Chhatrasal Stadium.

The INDIA bloc has also announced a protest against the alleged Election Commission irregularities on Monday. The allegations of vote theft remain claims raised by opposition leaders.

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India News

Rajya Sabha MP, ex Kerala Chief Minister among those detained in Delhi

Former Kerala chief minister Pinarayi Vijayan, Rajya Sabha MP John Brittas and other leaders were among those detained in Delhi as police moved to prevent the CJP protest at Jantar Mantar.

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CJP protest to continue

Former Kerala chief minister Pinarayi Vijayan and CPI(M) Rajya Sabha MP John Brittas were among those detained in Delhi on Saturday as police moved to prevent the Cockroach Janta Party (CJP) from holding a large protest at Jantar Mantar.

The demonstration was called over alleged irregularities in voter registration and the Special Intensive Revision (SIR) of electoral rolls. The CJP had also demanded the resignation of Chief Election Commissioner Gyanesh Kumar.

Visuals showed protesters being taken away in police vans from areas including Connaught Place, near Jantar Mantar. Several people heading towards the protest site were taken to Delhi’s Chhatrasal Stadium.

Pinarayi Vijayan, John Brittas among leaders held

Vijayan, the Leader of the Opposition in the Kerala Assembly and a former chief minister, was briefly held at Chhatrasal Stadium. CPI(M) MP John Brittas and former Kerala finance minister KN Balagopal were also seen with him in a video shared by Brittas.

Brittas said the leaders had been taken to the stadium and were subsequently being driven around the city in a police jeep. In a video message, he said they had been in the vehicle for around 30 to 40 minutes and did not know where they were being taken.

He alleged that Delhi Police had curtailed basic civil liberties during the operation.

CJP leaders taken into preventive custody

The police action also involved the CJP’s leading figures. Founder Abhijeet Dipke and party leaders Ashutosh Ranka and Saurav Das were taken into preventive custody after their flight landed in Delhi on Saturday morning.

The police had denied permission for the proposed Jantar Mantar demonstration, citing the late submission of information to the authorities.

According to the report, around 400 protesters had been detained overnight as the authorities prepared for the planned gathering. The protest had received support from opposition groups, and several Left leaders were among those detained.

Metro stations shut, trains cancelled

Delhi saw extensive security arrangements ahead of the planned demonstration. The entry and exit gates of 45 metro stations, including Rajiv Chowk, New Delhi, Central Secretariat, Patel Chowk and Kashmere Gate, were shut.

More than 250 trains, including trains from other states and local services scheduled to arrive at Hazrat Nizamuddin and New Delhi railway stations, were cancelled, according to the supplied report.

The report also stated that more than 20,000 police personnel had been deployed and 300 CCTV cameras installed to monitor developments.

Internet services were suspended within a four-kilometre radius of Jantar Mantar for 24 hours from 10 pm on Friday.

Earlier protest over examination paper leaks

The security measures were introduced amid concerns about a repeat of the disruption associated with an earlier CJP protest on July 20. During that demonstration, the party had demanded the resignation of then Education Minister Dharmendra Pradhan over examination paper leaks.

The report states that Pradhan resigned and the government accepted the protesters’ demands. The latest demonstration, however, focused on allegations concerning voter registration and the SIR process, with the CJP demanding Gyanesh Kumar’s resignation.

The allegations against the election authorities remain the CJP’s claims and should not be presented as independently established findings.

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