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This story is from January 12, 2019

Secret note a forgery to block Rakesh Asthana elevation?

Secret note a forgery to block Rakesh Asthana elevation?
Rakesh Asthana (PTI file photo)
NEW DELHI: In a significant twist in the factional fight in the CBI, it now emerges that the CVC told the Supreme Court that a "secret note" may have been forged to block the appointment of Rakesh Asthana as special director in the agency . The note was put up before the CVC when it met on October 21, 2017 to consider Asthana's elevation as CBI special director.
Stating that the 'secret note' appeared to be a fabricated document, the CVC said its author, senior CBI officer S Balasubramaniam, had told the vigilance body that the document had actually been given to him by then director Alok Verma.
While the probe found the secret note to have emanated from CBI's special unit (SU), the hard copy of the note prepared in the office of DIG, SU, retrieved by the CVC, was different from the note put up to the selection panel. The document prepared by the DIG, SU, "did not contain damaging paras", the CVC told the SC.
Significantly, it was Verma who had put up the note before the CVC meeting on October 21. The former CBI director, who was shunted out on Thursday, failed to submit a report and documents substantiating the allegations contained in the secret note despite several reminders.
The CVC said the authorship of the "damaging paras" by any unauthorised person was not established, which cast serious doubts about Verma's integrity. The selection panel, at its October 21, 2017, meeting, had discussed the secret note but unanimously decided to recommend Asthana for appointment as special director. Separately, the CVC sought investigation into contents of the report, including its authenticity.
The commission submitted before the SC that Verma was requested to substantiate the contents of the secret note related to Asthana but he did not confirm this in the selection committee meeting in October 2017. The CVC further said it was yet to come to any conclusion regarding the contents as no report was submitted by the CBI.
According to the CVC, Balasubramaniam said a confidential file on Sterling Biotech containing the secret letter and a note from DIG SU was sent to him. It was on instruction of and with approval of Verma that the said note was forwarded to the CVC with Balasubramaniam's signature.

While the secret note prepared by the SU had 22 entries, the one submitted to the CVC selection panel had 23 entries and the crucial conclusion that "23 suspected entries in hard as well as soft data have been detected for a total amount amount of Rs 3,94,72,106 with respect to Rakesh Asthana".
The CVC on November 7, 2018 posed some questions to Verma: the background material on which he had approved the said note signed by Balasubramaniam, how the officer in SU prepared the note as prima facie he did not have access to the seized records, and how the note mentioned item relating to Thermax of Rs 3,38,21,000 when as per case diary, it was examined by the IO on November 8 and 11, 2017.
As per the CVC's findings, notings by the IO showed that Thermax confirmed that the commercial transaction with Sterling group did not name Asthana as having interest in these transactions. The other transactions relating to rent, TDS, repairs, flat expenses mentioned against Asthana were examined in November-December 2017 and January 2018. However, the report sought by the commission was not submitted. This, the CVC observed, showed lack of compliance, besides bias and prejudice.
In his reply to the CVC on November 8, 2018, Verma said the SU had conducted discreet verification and records were taken and examined, based on which the secret note was prepared and the IO took over the records formally on registration of a case. The reply did not mention the date of collection of the records by the SU or source of material. It also failed to explain the discrepancy in entries cited in the SU note and the one presented to the selection committee.
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About the Author
Bharti Jain

Bharti Jain is senior editor with The Times of India, New Delhi. She has been writing on security matters since 1996. Having covered the Union home ministry, security agencies, Election Commission and the ‘prime’ political beat, the Congress, for The Economic Times all these years, she moved to TOI in August 2012. Her repertoire of news stories delves into the whole gamut of issues related to terrorism and internal strife, besides probing strategic affairs in India’s neighbourhood.

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