Delhi HC Asks CBI Director To Appear Personally If Investigation Against Rakesh Asthana Is Not Completed Within 3 Weeks

The Delhi High Court on Wednesday directed the CBI Director to make an appearance before the court if the investigation against Rakesh Asthana, the former Special Director of CBI, is not completed within 3 weeks.

While criticising the agency for not completing the investigation despite the multiple extensions granted by the court, Justice Vibhu Bakhru noted that if the investigation is completed and the report is filed in the next 3 weeks, then the personal appearance of the CBI Director can be dispensed with.

Today, CBI informed the court that four out of the eight stages of the investigation have been completed, and the investigation awaits the vetting of Director of Prosecutions.

Appearing for CBI, ASG Vikramjit Banerjee submitted that the investigation of at its tail end, and is very close of being completed.

He also moved an application seeking passing of a prayer mentioned in the status report which was filed in a sealed cover.

Appearing for Asthana, Senior Advocate Mukul Rohatgi argued that this matter has been pending for over a year now. Further, the court can give CBI a period of 10 days to finish the investigation. If the investigation is still not completed, then the CBI Director should be summoned.

While rapping the CBI for still not completing the investigation, Justice Bakhru noted that despite giving ample time to the agency, it has blatantly defied the multiple orders of this court. He said:

'It doesn't matter if you burn the midnight oil. Whoever is supposed to complete it, must complete it in a time bound manner.'

It was also noted by the court that this time it will show no flexibility. It said:

'We can't have court's orders get stifled like this.'

The court warranted it's decision of summoning CBI Director to make a personal appearance in case the investigation is not completed within 3 weeks, by observing that it was clearly stated in the last order that no further extension would be provided; the agency. It was said:

'Despite the time frame being specified, investigation has not been completed by the CBI. Moreover, it was clarified by the court in the last hearing that no further time will be provided to the agency. However, the investigation is still not completed by the agency.'

Earlier, the court had rapped the CBI for delaying the sending of LRs to USA and UAE while knowing that the investigation had to be finished by July. Justice Bakhru had noted that the investigation should have been completed by now if the officers of the CBI could've functioned more efficiently.

In January, CBI was granted 4 months to investigate the charges in the present case. Later, on 31st May 2019, an extension of 2 months was granted to the agency to finish the investigation. Subsequently another extension of 2 months was granted on October 9 by highlighting that it will grant no further extension. 'If new developments come up, you can always file a supplementary chargesheet', the court had noted.