NSA interfered in probe against Rakesh Asthana, says CBI DIG Manish Kumar Sinha in SC plea

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New Delhi | Published: November 20, 2018 1:14:50 AM

The internecine battle within the CBI reached the doorsteps of the Prime Minister’s Office on Monday when agency DIG Manish Kumar Sinha, moving a petition in the Supreme Court, alleged that National Security Adviser Ajit Doval interfered in investigations against Special Director Rakesh Asthana and stymied a search of his residence.

rakesh asthana, CBI, cbi crisis, Manish Kumar, SC vs CBISinha claimed in the petition that after an FIR was registered against Asthana on October 15, CBI Director Verma informed the NSA on October 17.

The internecine battle within the CBI reached the doorsteps of the Prime Minister’s Office on Monday when agency DIG Manish Kumar Sinha, moving a petition in the Supreme Court, alleged that National Security Adviser Ajit Doval interfered in investigations against Special Director Rakesh Asthana and stymied a search of his residence.

Mentioning his plea before the bench of Chief Justice of India Ranjan Gogoi and Justices S K Kaul and K M Joseph, Sinha sought hearing on his petition Tuesday when the bench takes up CBI Director Alok Verma’s plea. In response to the Chief Vigilance Commissioner’s report on charges against him, Verma filed his reply Monday. Verma and Asthana, who had been at loggerheads, were divested of responsibilities and sent on leave October 23. Both officers have approached the Supreme Court.

Claiming that his subsequent transfer to Nagpur was the fallout of the investigation against Asthana which he was overseeing, Sinha sought that the transfer order be quashed. His petition levelled serious charges against the PMO, Minister of State for Coal and Mines Haribhai Parthibhai Chaudhary and Law Secretary Suresh Chandra.

In his petition, Sinha claimed that two alleged middlemen involved in the case were close to Doval. He also claimed that Sathish Babu Sana, the complainant in the case, had told him that MoS Chaudhary had been paid “a few crores of rupees” for his alleged intervention in matters related to CBI. The petition stated that surveillance had stumbled upon a conversation involving R&AW officer Samant Goel in which he was heard saying that the PMO had managed the CBI issue, and that same night the entire CBI team involved in the probe against Asthana was removed.

Sinha’s petition claimed that Sana had met CVC K V Chowdhary over the case involving meat exporter Moin Qureshi, and that Law Secretary Suresh Chandra had contacted Sana on November 11 – while the SC-mandated CVC probe into the CBI battle was on – and tried to influence him.

While Haribhai Chaudhary and Doval were not available for comment on Sinha’s allegations, Suresh Chandra said, “The allegations against me contained in the affidavit and the petition filed before the Supreme Court are false. As a serving government servant, I have reported the matter to the Union Law Ministry and the Attorney General of India for taking appropriate action.” CVC Chowdhary told reporters: “The matter is before the Supreme Court. It will not be appropriate for me to comment.”

In his petition, Sinha said, “As per Manoj Prasad (the alleged middleman arrested in the case against Asthana), Shri Dineshwar Prasad, father of Manoj and Somesh, retired as Joint Secretary, R&AW and has close acquaintance with the present National Security Advisor Shri Ajit K Doval (“NSA”). This was one of the first things Manoj claimed on being brought to CBI HQ and expressed complete surprise and anger as to how CBI could pick him up, despite his close links with the NSA Shri Doval.”

According to the petition, Prasad claimed that recently “his brother Somesh and Samant Goel, helped the NSA Shri Ajit Doval on an important personal matter”. Sinha has also claimed that “India opted out of a contest from INTERPOL” for a delegate at Lyon, France with Joint Director AK Sharma as a nominee. “The elections were to be held sometime in 3rd week of November this year. Sometime in September, Shri AK Sharma was to go abroad for a meeting but at the last minute, his trip was abruptly cancelled. It was informed that India is tacitly withdrawing from the contest,” the petition says.

Sinha claimed in the petition that after an FIR was registered against Asthana on October 15, CBI Director Verma informed the NSA on October 17. “Subsequently on the same night, it was informed that the NSA has informed Shri Rakesh Asthana about registration of FIR. It was informed that Shri Rakesh Asthana reportedly made a request to NSA that he should not be arrested,” the petition said.

He alleged that when investigating officer of the case, A K Bassi, asked for permission to seize the mobile phones of Asthana and for a search to be conducted, “the Director CBI did not give immediate permission and reverted that the NSA has not permitted the same”. On October 22, the petition stated, the request was put on record to the Director, but it was again not allowed. “Upon being queried, the Director/Petitioner herein replied that he was not getting clearance from the NSA/Shri Doval,” it stated.

Sinha claimed that when searches were conducted at Dy SP Devender Kumar’s house on October 20, the CBI Director asked him to stop it. “…the Applicant …asked the Director, to which the Director replied that this instruction has come from NSA Shri Doval,” the petition says. Sinha claimed after the arrest of Manoj Prasad, Bassi received a call from a DCP of the Special Cell of Delhi police which he did not answer. “Later, another Inspector of Special Cell called up and sought to know if Manoj has been arrested. Enquiries revealed that the query had originated from the Cabinet Secretariat,” the petition stated.

Referring to a conversation of Samant Goel, monitored by the CBI, Sinha alleged that it was the PMO which directed the ouster of the agency’s top officers on October 23. “On 23.10.2018, the Applicant herein was informed by DIG/DD (SU) that someone spoke to Samant Goel (who was at Chandigarh at that time) and asked to help him to which Samant Goel replied that things have been managed with PMO and everything is fine. The same night the entire investigating team was shifted,” Sinha said in his petition. The petition alleged bribes were received by MoS Chaudhary.

“Sometime in first fortnight of June 2018, a few crores of rupees was paid to Shri Haribhai Parthibhai Chaudhary, presently Minister of State for Coal and Mines in Government of India. As per Shri Sana, Shri Haribhai had intervened with the senior officers of CBI through the office of the Minister of Personnel, Public Grievances and Pension [“MOS (P)”], to whom, apparently, the Director – CBI reports to. The money was paid through one Vipul of Ahmedabad. These facts were disclosed by Sana to me on 20.10.2018 in the forenoon. I immediately reported the matter to the Director and the AD (AK Sharma),” the petition stated.

Sinha’s petition stated that after the Supreme Court ordered that the CVC probe against Verma be completed, attempts were made to influence the key witness and complainant. He alleged repeated attempts were made by Law Secretary Suresh Chandra to reach Sana.

“Shri Sana spoke to him on WhatsApp on the evening of 08.11.2018. The Union Law Secretary Shri Suresh Chandra said that he was in London for some work related to Nirav Modi case, that he was trying to contact him for last 4/5 days in order to convey message of Cabinet Secretary Shri P K Sinha that the Union Government will offer full protection to him, that there will be a drastic change on Tuesday (13th) and that he (Sana) should meet him (Suresh Chandra) on Wednesday(14th),” the petition stated.

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