The Supreme Court of India has ruled against a plea challenging a Delhi High Court order that rejected a petition seeking the prosecution of former Delhi Police commissioner Rakesh Asthana under the Prevention of Corruption Act.
The apex court bench, comprising Justices Sudhanshu Dhulia and Prasanna B Varale, maintained that no interference was necessary under Article 136 of the Indian Constitution.
The petitioner in question, Chandigarh-based dentist Mohit Dhawan, had leveled serious allegations of extortion against Rakesh Asthana. However, the Supreme Court's decision indicates a stance against revisiting the Delhi High Court's earlier ruling.
The genesis of this legal battle can be traced back to February 2021 when the Delhi High Court dismissed Dhawan's plea, which sought directions to the Central Bureau of Investigation (CBI), Central Vigilance Commission, and other relevant bodies to adjudicate on the complaints pending against Asthana. This marked a pivotal moment in the ongoing case, leading to the subsequent plea in the Supreme Court.
Dhawan's complaint, originally filed in 2019 with the CBI director, accused Asthana of engaging in extortion, harassment, and the fabrication of documents by the police. Despite the serious nature of these allegations, the legal journey has taken a turn with the apex court's recent decision.
Case: Dr Mohit Dhawan vs. Rakesh Asthana.
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