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Lose-Lose Situation for CBI

A dispute between two IPS officers of AGMUT and Gujrat cadre has snowballed into a national controversial issue from an ego conflict between the two. The case under which this tussle took place is of Uttar Pradesh based meat trader Moin qureshi , who first came under the scanner of central agencies in 2011 when Pakistani singer Rahat Fateh Ali Khan was caught at Delhi Airport by Directorate of Revenue Intelligence with ₹ 56 lakh which he claimed was a fees for his performance in Moin Qureshi’s daughter’s wedding. It took CBI almost 3 years to file multiple cases of disproportionate assets, money laundering and bribing CBI officials. During the investigation of these cases an aid of Qureshi named Sathish Sana came under the scanner of the premier investigative agency and he was arrested in September 2018. After his arrest Sana recorded a statement to DSP CBI Devendra Kumar that a sum of ₹ 2 crore was paid to CBI chief Alok Verma as bribe to handle Qureshi’s case, Special Director CBI asked for special interrogation of Sathish Sana for further interrogation, CBI chief denied this permission about which Asthana informed the Cabinet Secretary and CVC started investigation on Alok Verma’s role, at the same time CBI officials recorded a statement of Sathish Sana under section 164 Crpc according to which a bribe of ₹ 3 crore was paid to Special Director CBI Rakesh Asthana and DSP Devendra Kumar for Qureshi’s by a middle man from Dubai following which CBI chief immediately filed a FIR against his second in command Rakesh Asthana and Devendra Kumar was arrested. The government intervened in this CBI vs CBI and sent Alok Verma and Rakesh Asthana on indefinite leave, and appointed M Nageshwar Rao as interim Director of CBI. After this action of the government Alok Verma filed a petition in Supreme Court against the order of the government, in an order the apex court rejected Verma’s claim and asked CVC to complete the investigation in two weeks, under the watch of Retired Supreme Court Judge A.K. Patnaik.

Now the question arises that will happen after the investigation of CVC is completed. There are possibly four scenarios: that Alok Verma Filed a wrong complaint aginst Asthana, or Asthana made a false complaint against Alok Verma, or both of them had filed a genuine complaint against each other ( like if I am going under the bus then I am dragging you under with me), or both of them filled wrong complaint each other due to the false statement of Sathish Sana.

In the first scenario if it is found that CBI chief fabricated evidence and prompted Sathish Sana in giving statement against Asthana then it will be a clear case which shall fall under section 218 of Indian Penal Code i.e. when a Public Servant framing incorrect record or writings with intent to cause injury to a person, and punishment for this is imprisonment which may extend to three years. Also if CVC finds that Alok Verma was interfering in the ongoing investigations and not letting CBI officials to work independently on the merit of the case then he, although being CBI chief, shall be prosecuted under section 186 of Indian Penal Code i.e. obstructing public servant in discharge of public functions.

In the second scenario if it is found that FIR against CBI Special Director Rakesh Asthana is right and he took the bribe then he will be prosecuted under section 7 and 13(2) read with 13(1)(d) of prevention of corruption act, as amended in 2018, and he may face punishment of imprisonment which may extend to five years but not less than 6 months. Also if it is found that Asthana with DSP devendra Kumar fabricated evidence and prompted Sathish Sana to give statement against Alok verma then he shall be prosecuted under section 218 of Indian Penal Code i.e. when a Public Servant framing incorrect record or writings with intent to cause injury to a person, and punishment for this is imprisonment which may extend to three years.
In the third scenario if it is found that both the officers are guilty of taking bribes than they both shall be prosecuted under the sections as mentioned in the earlier part.

In the fourth scenario if it found that the wrong complaint was filed against both the officers because of the incorrect statement of Sathish Sana, then Mr. Sana shall be prosecuted under section 182 of Indian Penal Code i.e. false statement with intent to cause public servant to use his lawful power to the injury of another person, which is punishable by imprisonment of 6 months or a fine of ₹ one Thousand.

With this extraordinary and unprecedented event where the CBI filed an FIR against its own special director clearly shows that there is a big mess at the center of countries premier Investigating agency, which will be shown in poor light. At the end only one of the officials will emerge victorious, no matter who wins it will be clear that there is corruption and interference by the officers in the on going investigation in the Central Bureau of Investigation which will shake its credibility.

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