CVC meeting minutes expose how CVC selected Asthana over the CBI Director’s objections

Minutes of the meeting at the CVC Commissioner's Office show how Asthana was selected over CBI Director's objections

Minutes of the meeting at the CVC Commissioner's Office show how Asthana was selected over CBI Director's objections
Rakesh Asthana

The Central Vigilance Commission’s (CVC) Minutes on the appointment of the Central Bureau of Investigation (CBI)’s controversial officer Rakesh Asthana is a clear example of how procedures are being made a mockery of. The Minutes produced by the Government in the Supreme Court clearly show that CBI Director Alok Verma objected the promotion of Asthana as a Special Director citing his involvement in the probe related to the bribe payouts by accused Sterling Biotech.

The CVC Selection Committee cleverly used CBI’s recommendation on July 6 for empanelment of Rakesh Asthana as Special Director. But it ignored the fact that in the last week of August, the CBI registered a First Information Report (FIR) against three Income Tax Commissioners for accepting bribes from Sterling Biotech Group companies, based on the payout diary seized.

It is shocking as to how the CBI Director’s objection was overruled by the CVC’s Selection panel headed by CVC KV Chowdary. That ‘the name Rakesh Asthana mentioned in the bribe dairy has not established that this is the same Rakesh Asthana’ was the reason cited by the pliant selection committee headed by KV Chowdary to ignore the CBI Director’s observations. How can a CBI Director’s opinion be ignored by the Selection Committee, without any probe or fact checking? This is baffling.

“The CBI Director has furnished a Secret/ Confidential letter ID No: 30/2017/VC(CVC) 152/1552 dated 21/10/2017 in the meeting enclosing an unsigned note on Sterling Biotech Ltd & Related Entities. It is mentioned that DCBI (Director CBI) that the entries in the note refer inter alia to one Shri Rakesh Asthana. The Committee considered the note and the matter was also discussed with the Director CBI. Keeping in view that there is no finding in these papers that the person mentioned therein is the same person under consideration for appointment and there is nothing about the veracity of the contents of the document and the further fact that the CBI itself moved the present proposal on 6/7/2017 wherein it has been categorically mentioned that Shri Rakesh Asthana IPS (GJ: 1984) is suitable to hold the post of Special Director of CBI and no further verified material has been brought on record, the Committee decided to recommend him for appointment as Special Director, CBI. The Committee has also kept in view the fact that the Vigilance Commission does not take cognizance of complaints received just on the verge of appointments or promotions unless they are proven misconducts. The Committee has also noted the decisions of the Courts in respect of such documents,” said the Minutes rejecting CBI Director’s objections. The Minutes is published at the end of this post.

The CVC Selection Committee cleverly used CBI’s recommendation on July 6 for empanelment of Rakesh Asthana as Special Director. But it ignored the fact that in the last week of August, the CBI registered a First Information Report (FIR) against three Income Tax Commissioners for accepting bribes from Sterling Biotech Group companies, based on the payout diary seized. The FIR also named Congress leader Ahmed Patel’s son-in-law Irfan for bribing one of the accused Income Tax Commissioner. In October, the CBI registered another FIR against the company for cheating banks to the tune of more than Rs.5000 crores.

In the petition, noted lawyer Prashant Bhushan attached portions of the diary showing payouts amounting to Rs.3.8 crores to Rakesh Asthana in 2011. Those days Asthana was the Police Commissioner of Surat. Prashant Bhushan also produced documents to show that Asthana’s son Ankush Asthana was working as Assistant Manager with the controversial company Sterling Biotech during 2010-2012. In November 2016, Asthana’s daughter’s pre-wedding party was organised in the company’s farmhouse, said Bhushan, citing the newspaper reports of the plush party appeared in Gujarat newspapers.

It is interesting to note that the Congress party has not yet uttered a word on the one-month long controversy in CBI in connection with Asthana’s appointment.

Attorney General KK Venugopal on Friday (November 24) vehemently argued for the Government claiming that allegations against Asthana were wrong. The Supreme Court Bench comprising RK Agrawal and AM Sapre reserved the orders for November 28 after heated arguments. It is surprising that CBI Director’s opinion on the matter was not sought by the Court. The Judges preferred to straightway reserve for orders in this high profile case.

It is time for the Prime Minister to take a call on these murky activities happening in the CBI. In the minds of many, why is such a controversial officer allowed to continue in the CBI?

The Minutes of CVC Meeting is published below:

Minutes of the Meeting and Empanelment Decision by PGurus on Scribd

Team PGurus

15 COMMENTS

  1. Thank Supreme Court Judge who asked why it took 7 years to arrive at judgement in 2 G case ? Finish in 6 months ! Thank Subramanian Swami who exposed biggest Loot of poor India. Thank Prashant Bhushan who is helping to move the case and exposing real Villains who were/are obstacles to get justice. Reading minutes of CBI head selection process, PGURUS helped how Rakesh AsTHANA was selected and he sat on files of P Chidambaram for 2 +years and whole India was waiting in dark…. why files are not moving at all and everybody blames Supreme Court Justices and doubting justice system not working in India.
    Is there any improvement after NDA of NaMo ji became PM ? or same NO DECISION IN ANY or important fields visible? Everybody is putting all pressure on only PM, he is doing heavy lifting but there is nobody else who can work in his absence or who can be trusted to select CBI/ED head and relax ? Lots of people beat around bushes, waste time in infighting, no judgement, dishonest officers and so on…. 4 years is not enough to clean Delhi Sultanate full of crooks. Even, Amit Shah and NaMo ji can not be everywhere to appoint Heads of imp departments. So, sometimes, People like Subramanian Swami are very very helpful and to fight LUFTEYANS Club …. not easy. Let us hope, 2 G case and Narmada Dam Water problem and corruption battle will be won by help from Almighty God… Swamps must be drained and inept must go.
    We like BJP and NDA rule which helped NRIs/NRGs a lot; We are taking good interest in Indian politics and try to appreciate good steps. Jai Hind.

      • I am an avid follower of PGurus and have a huge expectations. Whilst researching PGurus Team should go even deeper and try to assess the motives. I understand there are a very few honest officers, but before painting everyone with the same brush we need to fully satisfy ourselves with all the facts and real hidden motives. Always appreciate your work…Keep it going.

      • I could not find the word “objection” in the minutes. The Director, CBI was a special invitee to the meeting. The minutes does not record his objection, if any.
        Please enlighten me as to how you have concluded that the appointment overlooked his objection
        I donot understand why the SC did not ask for any prima facie evidence to determine the officer was corrupt. Also if his name was on the dairy of corrupt officers, why CBI did not take any action against him, while acting against IT officers? ( on the other hand he has been working in CBI for a few years) I thought the officer’s misdemeanour was the central issue. Prashant Bhushan did not seem to have touched this point. Nor did the SC bench ask for it!

  2. Dear Pm, You have promised us with the words NA KHAUNGA NA KHANE DUNGA. AFTER reading this article I feel i am being cheated by you. Kindly do not disappoint us. we have voted you with lot of faith. If our beloved PM cheat us , where do we go?
    Himansu Mishra

  3. PM Modi seems cripple before AJ & Co. No hope for fight against Corruption and Corrupt since the Police are not fair and honest.
    We are loosing faith in PM Modi because without Dr. Swamy fight against Corruption and Corrupt is just an insignificant baby step.

LEAVE A REPLY

Please enter your comment!
Please enter your name here