Plea seeks review of SC judgement on Asthana
21 Dec 2017 11:47 PM IST
New Delhi: A plea was on Thursday filed in the Supreme Court seeking review of its judgement rejecting a plea challenging the appointment of senior Gujarat cadre IPS officer Rakesh Asthana to the post of CBI special director.
A bench comprising Justices R K Agrawal and A M Sapre, on November 28, had dismissed the plea of NGO 'Common Cause' challenging Asthana's appointment, saying it cannot question a "unanimous" decision taken by the selection committee and the decision is not illegal.
The NGO said the review plea has been filed on grounds of discovery of new evidence and error apparent on the face of the record.
It has referred to a letter of the Central Vigilance Commission (CVC) seeking a report from the CBI director on the authorship of the unsigned note given by the CBI director in the Selection Committee meeting on October 21.
"Respondent No. 2 (Asthana) needed to be investigated by the CBI in relation to two FIRs dated August 30, 2017 and October 25, 2017. The contents of the note furnished by the CBI Director to the Selection Committee headed by the CVC would have thrown further light on this matter," the plea, filed through lawyer Prashant Bhushan, said.
"The judgment does not deal with the issue of institutional integrity enunciated in CVC case" the plea said.
Earlier, the apex court had said that once there was consultation, the content of that consultation was beyond the scope of judicial review, though the lack of effective consultation could fall within the scope of judicial review.
The selection committee, which consisted of high officials, had discussion with the CBI Director and considered relevant materials before taking the decision, it had said.
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