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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