Rakesh Asthana’s appointment as CBI special director: SC junks curative petition

The Supreme Court has dismissed a curative petition challenging the appointment of Rakesh Asthana as the special director of CBI. In January, the court had rejected a review petition in the matter.

The Supreme Court has dismissed a curative petition challenging the appointment of Rakesh Asthana as the special director of CBI. In January, the court had rejected a review petition in the matter.

The curative plea was taken up in-chamber by a bench of Chief Justice of India Ranjan Gogoi and Justices Madan B Lokur, A K Sikri and A M Sapre on December 11.

The court ordered, “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.”

The NGO Common Cause had approached the court last year challenging Asthana’s appointment, claiming that the CBI director had raised objections to it at the probe agency’s selection committee meeting held on October 21, 2017.

A bench of Justices R K Agrawal and A M Sapre dismissed the petition on November 28, 2017. The court observed, “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 plea filed against this was considered in-chamber by the bench of Justices Agrawal and Sapre and dismissed on January 23, 2018.

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