A curative petition which sought the re-examination of the Supreme Court’s verdict that upheld the appointment of IPS officer Rakesh Asthana as the CBI Special Director has been dismissed by the top Court. The petition was filed by NGO, Common Cause whose review petition was earlier held to be devoid of merits.
“We have gone through the curative petition and connected papers. In our opinion no case is made out within the parameters indicated in the decision of this court (in the case laying down guidelines to deal with the curative petition),” Chief Justice Ranjan Gogoi-headed bench said after an in-chamber hearing.
Justices M B Lokur, A K Sikri and A M Sapre comprised the bench that passed the order on Tuesday but was made public on the top court’s website on Friday only. As practice, curative petitions are heard in the chamber of judges sans the advocates.
The top court order comes amidst a bitter fight between two top CBI officers — Director Alok Verma and Special Director Rakesh Asthana. Both had been sent on forced leave on October 23 following the open spat between the two.
The top court had dismissed Common Cause’s petition filed opposing the appointment of Asthana for the post of Special Director. The apex court on November 28 said that the NGO cannot question a ‘unanimous’ decision by the selection committee and which is not illegal.