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Supreme Court dismisses plea seeking CBI probe against former Delhi Police chief Rakesh Asthana

The Supreme Court today dismissed a plea challenging a Delhi High Court order which rejected a petition to prosecute former Delhi Police commissioner and former Special Director at Central Bureau of Investigation (CBI) Rakesh Asthana under the Prevention of Corruption Act based on his complaint. 

A bench comprising Justice Sudhanshu Dhulia and Justice Prasanna Bhalachandra Varale said that no interference is called for under Article 136 of the Constitution. Article 136 refers to the discretionary powers of the Supreme Court to allow special leave petitions. The bench was hearing a petition filed by Chandigarh-resident Dr Mohit Dhawan.

Earlier in February 2021, the Delhi High Court dismissed the plea seeking directions to the Centre, Central Vigilance Commission and CBI to investigate and launch criminal prosecution on his complaint against Asthana. The court had rejected the plea with a cost of Rs 20,000 on the petitioner in favour of the Delhi High Court Legal Services Committee.

In the plea before the Supreme Court, Mohit Dhawan claimed the high court erred in not recognising that the Central Vigilance Commission (CVC) failed in performing its constitutional duty by just sitting over his criminal complaint against Asthana under the Prevention of Corruption Act.

The plea further alleged the high court had not noted that both the CVC and CBI have failed to adjudicate upon the criminal complaints filed by the petitioner.

Mohit Dhawan contended that he had filed a complaint against Asthana before the CBI director in 2019 but there was no action. The petitioner had levelled allegations of extortion, harassment and fabrication of documents by police.

Earlier, Dhawan had moved the apex court seeking directions to investigate and launch criminal prosecution against Rakesh Asthana on the basis of his allegations. Nonetheless, on February 8, 2021 he had withdrawn the plea from the apex court and said that he would approach the Punjab and Haryana High Court high court to pursue the remedy.

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