Asthana

Decide in 2 Weeks Plea Against Asthana’s Appointment as Delhi Police Chief: SC to Delhi HC

The petition before the Supreme Court, moved by advocate Prashant Bhushan, urged the court to set aside the Union government’s order to appoint Asthana after extending his service period.

New Delhi: The Supreme Court on Wednesday said that the Delhi high court should first hear the petition challenging the appointment of senior IPS officer Rakesh Asthana as the Delhi police commissioner. The top court asked the high court to decide on the plea within two weeks.

The 1984-batch IPS officer, who had shifted to the Union cadre from Gujarat and was earlier serving as the director-general of the Border Security Force, was appointed as the Delhi police commissioner on July 27, four days before his superannuation on July 31.

The appointment was made possible by the Union government granting him an extension of service for one year beyond his date of retirement, which was July 31. He will have a tenure of one year as the police chief of the national capital.

Senior advocate Prashant Bhushan, who had filed a petition on behalf of the NGO Centre for Public Interest Litigation (CPIL), on Wednesday, described the plea before the high court as an “ambush petition” which is “filed in collusion with the government to get a dismissal to prevent genuine petitioners from coming forward”, according to LiveLaw.

A bench comprising Chief Justice N.V. Ramana and Justices D.Y. Chandrachud and Surya Kant permitted CPIL to move to the Delhi high court to intervene in the pending plea against the appointment of Asthana.

Advocate Bhushan noted, “I’ve never seen such case where government shows such brazen violation of rule of law. He is given extension in violation of each and every rule! Four days before retirement he is appointed a police chief!”

Solicitor general Tushar Mehta, appearing for the Union government, said that some more time should be given to the high court as the government will have to file its response to the pending plea there.

The petition before the Supreme Court, moved by advocate Prashant Bhushan, urged the court to set aside the Union government’s order to appoint Asthana after extending his service period.

(With PTI inputs)

Rakesh Asthana, Former CBI Special Director, Appointed Delhi Police Commissioner

The BSF director general’s appointment comes with a year’s extension and just three days before his retirement on July 31.

New Delhi: The Border Security Force director general and former special director of the CBI Rakesh Asthana, against whom the then CBI director Alok Verma had pressed corruption and bribery charges in a money laundering case, was appointed as the Delhi police chief late on Tuesday evening.

According to a home ministry order, Asthana will have a year’s tenure. His appointment comes with a year’s extension and just three days before his retirement on July 31.

This is one of the very few instances when an IPS officer outside of the Arunachal Pradesh-Goa-Mizoram and Union Territory cadre has been appointed as a Delhi Police chief, PTI has reported.

IPS officer S.S. Deswal, director general of the ITBP, will hold additional charge as the BSF’s director general for the time being, a Union home ministry memorandum has announced.

NDTV has reported that the appointment of the 1984-batch Gujarat cadre IPS officer has “set off unrest in the Delhi Police as Mr Asthana is seen as an outsider.”

“After SS Jog and Ajayraj Sharma, he is the third officer from other cadres to be given the top police post. Some officers have also pointed out that the current Commissioner, Balaji Srivastava, was given the additional charge barely a month ago when SN Shrivastava retired,” the report says.

Despite resentment in the ranks, Asthana’s appointment by the Union home ministry as the police chief of the national capital and its timing goes some way in reflecting Asthana’s proximity with both the Prime Minister and Union home minister.

Asthana in CBI

In 2018, the CBI filing an FIR against one of its own officers had triggered a battle in the agency, eventually leading up to the dramatic midnight decision by the Prime Minister’s Office, divesting both Verma and Asthana of their powers.

More recently, The Wire has revealed in the Pegasus Project investigations that hours after their peremptory termination, both Asthana’s and Verma’s phone numbers had come under the scanner of the client of the Israeli NSO Group, the creator of the Pegasus spyware. The NSO Group has maintained that it sells only to “vetted governments” and that the leaked database (in which Asthana’s and several others numbers featured) has nothing to do with the company or Pegasus.

After his controversial stint at the CBI, Asthana’s role in the BSF largely remained out of limelight.

However, his time at CBI contributed to a significantly controversial record. His induction to the central agency in 2017 itself was challenged in court by the public service NGO Common Cause.

The Wire had earlier reported that the NGO had challenged his appointment citing that “his name had figured in a 2011 diary seized from Sterling Biotech – a company being probed by the CBI for money laundering – as the alleged recipient of payments worth Rs 3.8 crore.”

“The diary subsequently became the basis for the CBI to file an FIR against the firm’s investors and other public servants. Asthana was not named in that FIR but the agency was apparently still investigating his role in the matter,” the report added.

The case which was registered against him during his CBI stint alleged that Asthana was a recipient of Rs 2 crore as kickbacks from a businessman Moin Qureshi to settle a money laundering case against him.

Also read: All You Need to Know About the CBI Tussle, Through The Wire’s Coverage

However, Asthana had then triggered a clash in the CBI when he shot off a series of letters to the Central Vigilance Commissioner, Union Cabinet Secretary, and the National Security Advisor Ajit Doval, alleging that Verma criminally misused his position as the CBI chief to scuttle probes and appoint his loyalists to top positions. His letters became the eventual basis of a CVC inquiry against Verma. However, the Supreme Court intervened and ordered the CVC to hear both sides and get to the truth of the matter.

During the course of the enquiry, Verma made a claim that a “top PMO official” used Asthana in the agency to target political opposition and sabotage different inquiries. He also hinted at a possibility of active PMO intervention in the inquiry, as he accused the CVC of “bias”.

Verma had also claimed that the CVC was only focusing on Asthana’s “baseless” charges against him, while ignoring corruption charges and an impending probe against Asthana in six cases in the course of his career.

Despite his tainted record, in recent years, Asthana has been appointed to plum posts. After his removal from the CBI, he was appointed the Director General of Civil Aviation Security in January 2019, before his BSF tenure.

In the meantime, his name – in both the Sterling-Biotech case and the Moin Qureshi money laundering case – was also cleared.

Waving the National Flag as ‘Insurance’ Against Being Called ‘Anti-National’

People have taken to waving the tricolour during legitimate protest actions, presumably as a defence mechanism to pre-empt accusations of being unpatriotic.

Have you noticed that these days, wherever a protest is organised for whatever reason, the participants make it a point to carry the national flag? This behaviour was not so common in the past. The anti-Citizenship (Amendment) Act (CAA) protestors did it; students in Mumbai did it. The anti-CAA protesters were protesting against a particular law. The students in Mumbai were protesting against the attack by some armed hooligans inside the JNU campus. Why did they make it a point to carry the flag? The flag has nothing to do with their cause or the issue at hand and waving it is actually incongruous even as no law bars it. We do not know whether it has been a conscious decision on their part or they have been doing it subconsciously. I asked many people amongst them what the national flag had to do with their protests and they were evasive in their replies.

The real reason, in my opinion, is that it is a defence mechanism. Whether they like to admit it or not, there is, indeed an unstated pressure to “prove” one’s nationalistic credentials at all times.

People who decide to protest against the government, any law, the “establishment” in general or for that matter, anything that goes against the majoritarian view on some issue, are actually afraid that the very act of protesting might earn them the epithet of being anti-national. The national flag, they hope, might serve as a “shield” that their nationalistic credentials ought not to be questioned.

Also Read: Invoking Patriotism as a Way of Shutting Down Questions

In their belief, waving the national flag acts as a sort of insurance against being called anti-national. By waving the national flag during protests, they wish to convey a message that even as they are protesting, they are still very much loyal Indian citizens. Should they deny this, it would amount to an admission of knowingly doing something illogical.

People do wave national flags during joyous occasions, such as during Independence Day, Republic Day, the commemoration of wars and war heroes, or even during cricket matches. However, there is no comparison of these occasions with protest actions. The waving of flags during “national” occasions needs no explanation. When people wave the flag during cricket matches, they emphasise the fact that they are cheering a team, which represents India and that, being proud Indians, they are cheering for India. It is the “idea of India versus some other country”, which is highlighted by the waving of the flags—the classic “Us versus Them” scene.

Supporters of India and Pakistan cricket teams. Representative image. Photo: Reuters

This “idea of India versus some other country” is not invoked during protest actions. The protestors are Indians and they are protesting against something, which also pertains very much to India. They do not have to pit India against the rest of the world. Thus, there is no logical reason to wave the national flag on such occasions. It does not add any value to their protests. In our democracy, the right to criticise the government, the right to peaceful protest (as against violent protest), and the right to assembly have been upheld in a number of judgments.

The question is why should people feel diffident exercising their democratic rights in a lawful manner? Moreover, if they do feel diffident, even as they might not admit it in so many words, it means that there is indeed something wrong somewhere. The very fact that they are obliged to resort to an illogical thing is the real tragedy of the current times. If some people consider it prudent to buy this rather desperate “insurance” against being called anti-national, it is indeed unfortunate and reflects badly on those whose stock-in-trade is to question the patriotism of others and fling accusations of treason and treachery at anyone opposing their politics.

Also Read: Interview | ‘I Am More Patriotic Than Those Supporting CAA’: Jadavpur Student Protestor

In the book Khrushchev Remembers, Nikita Khrushchev recalls an incident from the era of the Great Purge during Stalin’s heydays. All that one needed to finish a man was to proclaim that he is an ‘enemy of the people’ and he would end up in Siberia, if not shot outright. Once, in the course of a party meeting in Ukraine, Khrushchev narrates, a woman stood up, pointed her finger at someone and said, “I do not know this man but I can tell from the look in his eye that he is an enemy of the people.” The man shot back, “I do not know this woman but I can tell from the look in her eye she’s a prostitute.” He survived by the sheer force of his retort. Let us hope and pray, we do not come to a pass in India where anybody can stand up, point their finger at somebody and claim that he or she is an anti-national.

Dr N.C. Asthana, a retired IPS officer, has been DGP Kerala and a long-time ADG of CRPF and BSF. Views are personal.

With Alok Verma’s Ouster, Fate of Probes Into Opposition Leaders Uncertain

At least four former chief ministers, a former Union minister, state ministers and senior politicians are being probed by the top investigative agency for their alleged corrupt activities.

New Delhi: With the Centre intervening into the power struggle within the CBI, questions are now being raised about the fate of several high profile cases involving opposition leaders that are being investigated by the agency. With the 2019 general elections just a few months away, the opposition may cry foul that the CBI is being misused by the Narendra Modi government to tackle political rivals.

According to the Indian Express, at least four former chief ministers, a former Union minister, several state ministers and senior politicians are being probed by the top investigative agency for their alleged corrupt activities. Almost a dozen cases that are being investigated by the CBI involve politicians from opposition parties. Some of the high-profile cases also involve Vijay Mallya and Nirav Modi and are reportedly at a critical stage of investigation.

Opposition parties on Wednesday had criticised the Centre for intervening into the CBI’s internal power struggle, calling it a ‘systematic dismantling’ of the agency. The Congress accused the Modi government of using the CBI to dig up old cases against opposition leaders instead of letting it act independently.

Also Read: Exclusive: CBI Director Alok Verma’s Interest in Rafale Tipped Scales Against Him

Among the former chief ministers who are being probed for corruption are Virbhadra Singh of Himachal Pradesh, Bhupinder Singh Hooda of Haryana. Hooda is being investigated for the National Herald case and is alleged to have ordered restoration of an institutional plot at Panchkula to Associated Journals Ltd at old rates.

Harish Rawat, the former Uttarakhand chief minister, is being probed for purportedly offering bribes to rebel Congress lawmakers. The details of these allegations surfaced through a sting operation that was conducted during a floor test. The fourth chief minister being investigated is RJD supremo Lalu Prasad Yadav, along with his son Tejaswi Yadav. They are under investigation for the IRCTC scam.

Former Union minister P. Chidambaram and his son Karti Chidambaram are being probed for corruption in the INX Media case and foreign exchange violation cases. According to o the Indian Express, Delhi health minister Satyender Kumar Jain is also facing corruption charges involving the hiring of a creative team for PWD. The agency is also questioning several AAP ministers.

From left: Rakesh Asthana, Narendra Modi, Alok Verma. Credit: PTI/The Wire

The Saradha scam, involving a number of top TMC leaders such as Sudip Bandopadhyay, is under the CBI’s scrutiny. The TMC leaders are also being investigated for their role in the Narada sting operation case and Rose Valley chit fund scam.

Before Alok Verma took charge as the CBI’s director, an SIT was set up in June 2016 to probe key corruption cases involving politicians. It was headed by Rakesh Asthana, who has also been sent on leave, but is said to be close to top BJP leaders. The SIT began investigating the Agusta Westland scam, in which top Congress leaders are allegedly involved, Mallya’s loan default case, the ambulance scam in Rajasthan allegedly involving former chief minister Ashok Gehlot, former Union minister Sachin Pilot and Karti Chidambaram.

The CBI is also probing Uttar Pradesh’s National Rural Health Mission scam. Top BSP leaders are said to be involved in this case and the agency has also questioned the party’s supremo Mayawati.

Seven crucial cases

According to the Indian Express, at the time of Verma’s ouster, seven crucial cases were on his table. These include the alleged Rafale scam, a complaint on which was filed by former Union ministers Arun Shourie, Yashwant Sinha and senior advocate Prashant Bhushan. The Wire has reported that Verma’s interest in the case could have been a crucial factor in the decision to remove him.

Also Read: Rakesh Asthana Obstructed Crucial Cases, Ousted CBI Director Alok Verma Tells SC

The spat between Asthana and Verma was reportedly triggered by the CBI’s investigation into the role of IAS officer Bhaskar Khulbe, secretary to the prime minister, in the allocation of coal mines. While the team investigating the case wanted Khulbe to be named as an accused, Asthana insisted that he is presented as a witness.

The agency has been looking into the role of highly-placed individuals in the Medical Council of India bribery case, which has implicated retired high court judge I.M. Quddusi. The chargesheet against Quddusi, according to the Indian Express, had been prepared and was ready for Verma’s signature.

Another high court justice, S.N. Shukla of Allahabad, was being probed for allegations of corruption in medical admissions. He had been identified as being fit for investigation by the CBI, following which he was sent on leave. A preliminary enquiry had been prepared and was set to begin pending Verma’s signature.

Other cases that were awaiting Verma’s green light were complaints against finance and revenue secretary Hasmukh Adhia, made by BJP MP Subramanian Swamy, a Delhi-based middleman allegedly involved in bribing politicians and officials for “senior Public Sector Unit appointments” and the CBI probe into role of Asthana in the Sandesara and the Sterling Biotech case.