CBI told to probe death of Asthana

The Supreme Court on Tuesday directed Ghaziabad Police to hand over Ashutosh Asthana’s viscera to the CBI, asking the probe agency to get the sample tested at AIIMS.

The Supreme Court on Tuesday directed Ghaziabad Police to hand over Ashutosh Asthana’s viscera to the CBI (Central Bureau of Investigation), asking the probe agency to get the sample tested at All India Institute of Medical Sciences (AIIMS).

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Asthana, prime accused in the provident fund (PF) scam case involving 36 judges including a sitting Supreme Court judge, was found dead under mysterious circumstances in Ghaziabad’s Dasna jail on Saturday. His post -mortem remained inconclusive and did not reveal the cause of death.

During the hearing of an application by Ghaziabad lawyer Nahar Singh Yadav, a special bench headed by Justice D.K. Jain asked the CBI to conduct a probe into Asthana’s death. “The investigation has to be by you because the CBI is looking into the entire incident (the PF scam case),” the bench told Attorney-General G.E. Vahanvati.

The bench further directed the magistrate, to be designated by Ghaziabad’s district judge to hold a judicial inquiry, submit a report before it within eight weeks.

It turned down an objection by Transparency International counsel Prashant Bhushan to not let a Ghaziabad judge hold an inquiry.

"Lets have faith in some judge. We cannot label all the judicial officers in one category,” the bench said. Bhushan denied making insinuations.

“There is no question of doubting the impartiality of a magistrate. But it is not important that justice needs to be done
in this case. This is a kind of case where justice needs to be seen to be done,” Bhushan clarified.

On the submissions made by Yadav’s counsel, the bench also asked UP Police to provide adequate protection to all the accused and witnesses in the case.