Delhi High Court Dismisses With Cost Plea Seeking Criminal Prosecution Of DG BSF Rakesh Asthana Under PC Act

The Delhi High Court today dismissed with cost Chandigarh dentist Mohit Dhawan's plea seeking prosecution of former Special Director CBI, and present DG BSF, Rakesh Asthana, under provisions of the Prevention of Corruption Act on allegations of extortion from the dentist.A single bench of Justice Suresh Kumar Kait noted that the various complaints referred to by Dhawan have already been closed.Earlier, Delhi High Court Judge Justice Yogesh Khanna had recused himself from hearing the plea which sought directions for his prosecution under Sections 7 and 7A of the Prevention of Corruption Act (PCA). Before approaching the High Court, Dhawan had approached the Supreme Court seeking directions to the same effect, however, a Division Bench of Justice L Nageshwar Rao and Justice Ravindra Bhatt had dismissed his plea, as withdrawn, directing him to pursue other appropriate remedies under the law.The plea had stated that it sought prosecution against the "high profile bureaucrat, who is the present Director General of BSF, the Director General of Narcotics Control Bureau and a former Special Director of CBI, Rakesh Asthana", against whom it has been alleged that, "while serving as Special Director of CBI, he hijacked the entire criminal justice system in connivance with other police officers of Chandigarh conspiring to obtain undue advantage, for himself and his close family friends," while performing his public duty "improperly and dishonestly."The plea further alleged that Asthana connived with other public servants to falsely and illegally implicate and intimidate the petitioner dentist and sought to extort money from him, thereby, abusing his official position through "corrupt means and corrupt activities". It was specifically alleged against Asthana, that he had done the abovementioned acts in order to favour his personal contacts Gertrude and Bryan D'Souza, and had "demolished, destroyed and devastated," for his "personal vengeance," the name and standing of the petitioner dentist, Mohit Dhawan.It was further alleged in the petition that complaint to this effect was submitted before the Central Vigilance Commissioner and Central Bureau of Investigation on 18.9.2019, 27.7.2020 and 17.8.2020 but the said authorities are sitting over the same and no action or adjudication or prosecution has been initiated yet against Asthana in consequence to the said complaints.

Delhi High Court Dismisses With Cost Plea Seeking Criminal Prosecution Of DG BSF Rakesh Asthana Under PC Act

Shreya Agarwal

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