The Supreme Court on February 20 dismissed a dentist’s plea against a Delhi High Court order which rejected his petition to prosecute former Delhi Police Commissioner Rakesh Asthana under the Prevention of Corruption Act based on his complaint.
A Bench of Justices Sudhanshu Dhulia and Prasanna Bhalachandra Varale said, “No interference is called for under Article 136 of the Constitution.” the Bench said.
Article 136 refers to the discretionary powers of the Supreme Court to allow special leave petitions.
The Supreme Court was hearing a plea filed by Chandigarh-resident Dr. Mohit Dhawan against the Delhi High Court order.
The High Court had on February 15, 2021 dismissed his plea seeking directions to the Centre, Central Vigilance Commission and CBI to investigate and launch criminal prosecution on his complaint against Mr. Asthana.
The High Court had rejected the plea with a cost of ₹20,000 on the petitioner in favour of the Delhi High Court Legal Services Committee.
In his plea in the Supreme Court, Dr. Dhawan claimed the High Court erred in not recognising that the CVC failed in performing its constitutional duty by just sitting over his criminal complaint against Mr. Asthana under the Prevention of Corruption Act.
The plea alleged the High Court had not appreciated that both the CVC and CBI have failed to adjudicate upon the criminal complaints filed by the petitioner.
Dr. Dhawan contended that he had filed a complaint against Mr. Asthana before the CBI Director in 2019 but there was no action.
He had levelled allegations of extortion, harassment and fabrication of documents by police.
The dentist had earlier moved the Supreme Court seeking directions to investigate and launch criminal prosecution against Mr. Asthana on the basis of his allegations.
However, he had on February 8, 2021 withdrawn the plea from the Supreme Court and said that he would approach the Punjab and Haryana High Court High Court to pursue the remedy.
