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No evidence against BSF DG Asthana in Chandigarh case: Delhi HC

Source: , Posted On:   16 February 2021

No evidence against BSF D-G Asthana in Chandigarh case: Delhi HC

 

DISMISSING A petition seeking action against the director-general (D-G) of Border Security Force Rakesh Asthana, the Delhi High Court has said there is no evidence to establish that he had ever influenced police officers in Chandigarh by any communication.

The court was hearing a petition filed by Dr Mohit Dhawan, a Chandigarh-based dentist who has accused the former CBI special director and Chandigarh Police of implicating him in a case of medical negligence on the basis of a foreigner’s complaint.

“Undisputedly, the respondent (Asthana) was not posted at Chandigarh at the relevant time, the said officers and the DSP were not under the control of CBI. (Asthana) was posted in Delhi and there is no documentary proof whereby it is established that (he) ever had contacted the petitioner or sent any communication to the officers at Chandigarh,” the order reads.

In the case registered at Chandigarh’s Sector-19 Police Station for cheating and fraud in 2018, a US woman has alleged that she had contacted Dhawan’s dental clinic in Sector-21 of the city for treatment. As per the complaint, the crowns were implanted one day before her departure. On reaching the US, the crowns allegedly fell.

When she contacted a dentist in the US, the complaint stated, she was told that the implants were out of alignment with the lower jaw and would be useless. The complainant told the police that she was cheated of more than $10,000 and she was not provided proper hotel accommodation, as per agreement.

In his petition before Delhi HC, Dhawan sought criminal prosecution of Asthana under provisions of the Prevention of Corruption Act for falsely implicating and intimidating him to favour the US-based complainant and her spouse. During the hearing, CBI told the court that there is no pending complaint of Dhawan at its Delhi office and since the alleged incident took place in Chandigarh, his complaint was sent there.

Observing that the petition was not maintainable here, the court said it is the presumption of the petitioner that since Asthana is known to the complainant, he might have influenced the police officers and authorities. “If (Asthana) had misused his power being an officer of CBI, then certainly action is warranted against him. A complaint which has been filed before the Divisional CVC and thereafter sent to CBI but has no relevant material on record, such authority would not be able to take any action against him.” the order reads.

The court dismissed the petition with a cost of Rs 20,000 after noting that it seems to be motivated due to some vindictive purpose.