Top Court Rejects Petition Challenging Rakesh Asthana's Appointment

A curative petition was filed by an NGO that said Rakesh Asthana's appointment as CBI Special Director was illegal since his name had figured in a diary recovered during a tax raid.

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Top Court Rejects Petition Challenging Rakesh Asthana's Appointment

A Non-Governmental Organisation had challenged Rakesh Asthana's appointment as CBI Special Director.


New Delhi: 

The Supreme Court has dismissed a curative petition seeking to re-examine its verdict upholding the appointment of Gujarat cadre IPS officer Rakesh Asthana as special director of CBI.

The top court rejected the curative petition filed by NGO, Common Cause, whose review petition was also earlier held to be devoid of merits.

After an in-chamber hearing, a bench headed by Chief Justice Ranjan Gogoi, said: "We have gone through the curative petition and connected papers. In our opinion no case is made out within the parameters indicated in the decision of this court (in the case laying down guidelines to deal with the curative petition)."

The bench, also comprising Justices MB Lokur, A K Sikri and A M Sapre, passed the order on December 11 and was made public on the top court's website on Friday.

Curative petition is heard in the chamber of judges in the absence of lawyers.

The top court decision came amid a bitter feud between Mr Asthana and CBI Director Alok Verma. Both have been divested of powers and sent on leave by the central government on October 23.

On November, Supreme Court had dismissed the PIL filed by the NGO against Mr Asthana's appointment to the post of CBI special director, saying it cannot question a "unanimous" decision taken by the selection committee and the decision is not illegal.

Later, the court also dismissed the plea seeking review of the verdict.

The top court had said there cannot be any doubt that if the statute provides for consultation with any person before making a recommendation for appointment to any post, the consultation with that person has to be made.

The NGO had said Mr Asthana's appointment was illegal since his name had surfaced in a diary recovered during a Tax Department raid at the offices and other premises of company Sterling Biotech Ltd.



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