New Delhi: Manoj Prasad, an alleged middleman arrested in connection with a bribery case against CBI's Special Director Rakesh Asthana, on Monday refused to undergo a lie detector test after the CBI filed a plea in a Delhi court in this regard.
Chief Metropolitan Magistrate Deepak Sehrawat was hearing the CBI's application seeking permission to conduct lie detector test and taking voice sample of Prasad and the complainant, Hyderabad-based businessman Satish Sana.
Prasad's brother Somesh and senior advocate Sunil Mittal, other accused in the case, have given their consent for the test.
Prasad's counsel and senior advocate Vikas Pahwa submitted that the report of the test was not admissible as evidence and the accused should not be directed to undergo it as the CBI is not confident of the complaint.
"The filing of the (CBI's) application itself suggest that the version given by the complainant is not reliable. That is why he has also been directed to undergo lie detector test," Pahwa said.
He also raised preliminary objection on the jurisdiction to deal with the application saying it was a case under the Prevention of Corruption Act 1988, and the power was only with the special judge as appointed under the Act.
To this, the court said that it was only recording consent of the parties for the test and referred the matter to a Special Court.
The court listed the matter for hearing before a Special court on February 7.
The court had on December 18 last year granted bail to Prasad due to CBI's failure to file charge sheet within the mandatory 60 days.
He was earlier denied bail by the trial court on November 3 last year and later by the Delhi High Court on November 13, which said that the allegations against him were serious in nature.
The CBI had opposed the application saying that the investigation was at a crucial stage.
The trial court had on October 31 granted bail to CBI DSP Devender Kumar, a co-accused who was arrested on October 23, after the agency chose not the oppose his application.
Prasad, Asthana and CBI's Deputy Superintendent of Police Devender Kumar had also filed separate petitions in the high court seeking quashing of the FIR against them which was refused.
The CBI had registered the case against Asthana on the basis of a complaint by Sana, facing probe in the 2017 case allegedly involving meat exporter Moin Qureshi.
Sana alleged that the officer had helped him get a clean chit.
The agency had arrested Prasad in the case, when he returned from Dubai. It was alleged by Sana that Prasad and Somesh had taken Rs 2 crore to arrange a clean chit to him.
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