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This is an archive article published on July 29, 2020

Asthana corruption probe: SC declines to stop Bassi transfer order

A bench headed by Chief Justice S A Bobde, however, sought to know why he had not joined duty in Port Blair.

DSP Ajay Kumar Bassi. (PTI/File)

The Supreme Court on Tuesday declined to interfere with the order transferring CBI DSP A K Bassi to Port Blair. Bassi was the investigating officer in the case of corruption against former CBI special director Rakesh Asthana.

A bench headed by Chief Justice S A Bobde, however, sought to know why he had not joined duty in Port Blair.

The bench, also comprising Justices A S Bopanna and V Ramasubramanian, said it did not want to interfere at this stage and asked Bassi to approach the appropriate forum for relief.

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Senior Advocate Rajeev Dhavan, appearing for Bassi, then sought permission to withdraw the plea. Allowing this, the court added in the order that “all contentions are left open”.

Dhavan pointed out that the SC had earlier allowed him to make a representation against the transfer, which he did, and the transfer order was withdrawn by the then director on January 9, 2019. However, this was reversed on January 11 by a new director who restored the transfer, he added. “Do I follow the SC order or this new order?” Dhavan asked, adding that the January 11 order “is in the teeth of the SC judgement”.

The CJI, however, told him “if you say that this order is incorrect, you still have to follow it”.

Dhavan replied that the court had granted permission to file representation. The bench pointed out that the previous order of the court had not given any protection to Bassi.

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Dhavan said Bassi would move the Central Administrative Tribunal and sought protection from the chargesheet until then. The bench however declined the relief.

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