The Supreme Court’s verdict on Rafale yesterday was not the only setback for the Congress. The Supreme Court, in another crucial verdict, quashed a curative petition challenging the appointment of IPS officer Rakesh Asthana to the post of CBI special director.
The petition was filed by Prashant Bhushan representing NGO Common Cause. Bhushan had filed a review petition in Supreme Court in order to reconsider its November 2017 judgment wherein the Court in its decision found that Asthana’s appointment was done properly following the procedures by the Selection Committee.
The curative petition was being heard by a bench of Supreme Court including Chief Justice of India Ranjan Gogoi and Justices Madan B Lokur, A K Sikri and A M Sapre.
The Court in its decision said, “We have gone through the curative petition and connected papers. In our opinion, no case is made out within the parameters indicated in the decision of this court (in a 2002 case). Hence, the curative petition is dismissed.”
This was the third petition that was filed by Prashant Bhushan in the case. The first petition was heard on 24th November, 2017 wherein the NGO Common Cause falsely alleged that appointment of Asthana was illegal as his name was found in a diary recovered during a raid conducted by the Income Tax Department at the offices and other premises of Sterling Biotech Ltd. Company.
A bench of Justices R K Agrawal and A M Sapre was hearing the plea filed by the NGO and Attorney General K K Venugopal had opposed the plea.
Reading out the minutes from the meeting of select committee, Venugopal said, “The committee considered the note and the matter was also considered with the Director CBI. Keeping in view that there is no finding that person mentioned therein is the same person under consideration for appointment and there is nothing about the veracity of the contents of the document.”
Venugopal further added, “The committee has kept in view the fact that the vigilance commission does not take cognisance of complaints received just on the verge of appointment or promotions unless there is proven misconducts.”
The Supreme Court after hearing the arguments from both the sides said that it will pass the order on November 28, 2017.
Quashing the petition on November 28, 2017 a bench comprising of Justice R K Agrawal and A M Sapre said, “We cannot question the decision taken by the selection committee, which is unanimous and before taking the decision, Director CBI, had participated in the discussions and it is based on relevant materials and considerations. Further, even in the FIR filed by CBI, the name of Shri Rakesh Asthana has not been mentioned.”
The review petition was again filed and considered in-chamber by the bench of Justice Agrawal and Sapre and duly dismissed on January 23, 2018.
Earlier, the Congress President had also used the CBI’s internal rift to target the government.
The PM’s blue-eyed boy, Gujarat cadre officer, of Godra SIT fame, infiltrated as No. 2 into the CBI, has now been caught taking bribes. Under this PM, the CBI is a weapon of political vendetta. An institution in terminal decline that’s at war with itself. https://t.co/Z8kx41kVxX
— Rahul Gandhi (@RahulGandhi) October 22, 2018
With Supreme Court’s recent decision it has surely given a major blow to Rahul Gandhi and whole Congress ecosystem. Prior to this, the Court had also quashed a petition seeking a court-monitored investigation into the Rafale deal. The Court in its verdict said, “There is no occasion to doubt the decision-making process in the deal. There is a necessity to induct fourth and fifth generation fighter aircraft and the country cannot remain without these jets.”
With two back-to-back decisions against the Congress’ ecosystem, the Court has punctured the narrative of mismanagement the opposition was trying to concoct.
