Justice Yogesh Khanna Recuses Himself From Hearing Plea Seeking Criminal Prosecution Of DG BSF, Rakesh Asthana

Delhi High Court Judge Justice Yogesh Khanna,  today recused himself from hearing a plea by a dentist from Chandigarh, Mohit Dhawan, seeking directions for the criminal prosecution of the Director General of the Border Security Force, and former bureaucrat, Rakesh Asthana under Sections 7 and 7A of the Prevention of Corruption Act (PCA). The bench has directed for the matter to be listed before another bench on Monday.

The dentist from Chandigarh has alleged in his plea that complaints against Asthana under the PCA have been long pending before the Central Vigilance Commissioner and the Central Bureau of Investigation (CBI) but no action has been taken on them yet.

Before approaching the High Court, Dhawan had approached the Supreme Court seeking directions to the same effect, however, a Division Bench of Justice L Nageshwar Rao and Justice Ravindra Bhatt had dismissed his plea, as withdrawn, directing him to pursue other appropriate remedies under the law.

The plea states that it seeks prosecution against the "high profile bureaucrat, who is the present Director General of BSF, the Director General of Narcotics Control Bureau and a former Special Director of CBI, Rakesh Asthana", against whom it has been alleged that, "while serving as Special Director of CBI, he hijacked the entire criminal justice system in connivance with other police officers of Chandigarh conspiring to obtain undue advantage, for himself and his close family friends," while performing his public duty "improperly and dishonestly."

The plea further alleges that Asthana connived with other public servants to falsely and illegally implicate and intimidate the petitioner dentist and sought to extort money from him, thereby, abusing his official position through "corrupt means and corrupt activities".

The plea states that Asthana did the abovementioned acts in order to favour his personal contacts Gertrude and Bryan D'Souza, and "demolished, destroyed and devastated," for his "personal vengeance," the name and standing of the petitioner dentist, Mohit Dhawan.

It has been further alleged in the petition that complaint to this effect was submitted before the Central Vigilance Commissioner and Central Bureau of Investigation on 18.9.2019, 27.7.2020 and 17.8.2020 but the said authorities are sitting over the same and no action or adjudication or prosecution has been initiated yet against Asthana in consequence to the said complaints.