Delhi HC restrains CBI from taking coercive motion towards businessman behind rift in company

The Delhi High Court on Monday restrained the CBI from taking any coercive motion towards Hyderabad-based businessman Sathish Babu Sana within the corruption case towards meat exporter Moin Akhtar Qureshi and others.

Sana, whose allegations had triggered a significant feud inside the CBI in 2018, in his plea has alleged that the company has an “institutional bias” towards him since he had complained towards DSP Devender Kumar — the then investigating officer of the Qureshi corruption case, and towards an extortion demand which was made within the title of a then high-ranking CBI official. In 2019, Sana, initially a prosecution witness, was arrested by the Enforcement Directorate in a cash laundering case linked to the CBI FIR. He was later granted bail by a trial court docket.

A Delhi court docket had final month allowed CBI’s software for taking Sana’s voice pattern for comparability with Qureshi’s calls purportedly intercepted by the Income Tax division. Sana, who has additionally challenged the trial court docket order, in his petition stated that he has been described as a “suspect in the application filed before the trial court but between October 2017 and September 2018 was treated as a witness”.

On Monday, Justice Mukta Gupta, whereas issuing a discover to the CBI in Sana’s petition in search of quashing of the company’s case towards him, stated his voice pattern could possibly be collected and despatched for investigation. “However, the same will be subject to the outcome of the petition as to whether the said voice sample has been recorded as a witness or as an accused,” the court docket stated.

In his petition, Sana stated, “The petitioner reasonably apprehends that since RC 13(A) was registered pursuant to the harassment being meted to him by Mr Devender Kumar, the (then) Investigating Officer in this FIR, and the extortion being suffered by him by invoking the name of a (then) high-ranking official in CBI, the agency labours an institutional bias against him. The Petitioner furthermore reasonably apprehends that now that CBI has reinitiated investigation in the FIR, it shall use every opportunity to be high-handed against him; to wreak vengeance and settle scores by falsely implicating him as an ‘accused’ in the FIR.”

RC 13 (A) refers back to the FIR which was registered in October 2018 towards IPS officer Rakesh Asthana, DSP Kumar, Manoj Prasad and Somesh Prasad on the premise of a criticism given by Sana. In February 2020, solely Manoj Prasad was chargesheeted within the case, whereas Asthana and Kumar got a clear chit.

CBI in February 2017 had registered a corruption case towards Qureshi and others after it acquired a criticism from ED that through the course of its investigation below the Foreign Exchange Act, 1999 towards the AMQ Group of Companies and Qureshi, it had been “revealed that Mr. Moin Akhtar Qureshi was indulging as a middleman for certain public servants and had taken huge sums of money from different persons to obtain undue favours from public servants/politicians holding high offices”.