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IN HE SUPREME COURT OF INDIA
(CIVIL OIlIGINAL JIJRISDIC TION])

Writ Petition (Civil) No. 1088 Of 2017


Public lnterest Litigation

!-rl!hs_mattef_g!
Comnron Cause ... Petitioner

Versus

Union of lndia & Ors. ... Respondents

ADDITIONAL AFFIDAV'IT ON BEHALF OF THE PETITIONER

l, Kamal Kant Jaswal. S/o Late Shri Ambica Prasad Jasvaul, the President

of the Petitioner Society, having its office at 5, Institutional Area. Nelson

Mandela Road, Vasant Kunj, l,lew Delhi-110070, do hereby solemnly affirm

and state on c)ath as urder

1) That I am the President of the Petitioner Society in the

aforement oned writ petition and being familiar wrth the facts and

circumstances of the case, I am competent and fully authorized to

swear this Affidavit

2) That the pelitioner has filed the instant writ petition in public

interest seeking an appropriate writ for setting aside the appointrnent of

Respondent No. 2 to the oost of Special Director, Central Bureau of

lnvestigaticrn (CBl) since the same is illegal, arbitrary, mala fide. and in

violation of the principle of impeccable integrity and institutional integrity

as laid dow,n by this Hon'ble Court.


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3) That there is certain criticar information that has come in the

possession of the counse for the petitioner after the instant petition was

filed rhe petitioner would rike to place it on recorci for the kind

consideration of this Hon'ble court since it has a bearing on the rssues

raised in the instant writ p,etition, and further substantiates the grounds

raised in the writ petitlon.

4) The petitioner in the writ petition has challenged the appointment

of Respondent No. 2 to ther post of Special Director. cBl since his name

appears in the'Diary 2011" that was seized by the Income Tax

Deparlment during the raid on sterling Biotech and sandesara Group of

Companies on 28.06.2011 ln this regard, the CBI has already filed two

FlRs dated 30 08 210'17 anc 251a2017 against officials of the lncome

Tax Department, cwners of Sterling Biotech/ Sandesara Group, their

CA and other public servants and private persons As per the FIR dated

30 08 2017. "Docurnents se2ed revealed that the Sandesarc group had

been acting as a c/eposltory for receivrng funds on behatf of persons

cludrng public servants and for fufther delivery to them at the ptace of
)l'
co 4)
S,6x, venienc:e. The evidence collected by the lncome Tax Departmertt
gF-a*,1*
v (JE)
l".i-,t' wed corruption <tf variotrs public servants including three senior IRS
i
officials."

5) The counsel ,or the pretitioner has come to know that the son of

Respondent No 2, Mr. Ankush Asthana, had been in the employment

of Sterling Biotech ers Assistant Manager between 201O and 2012. As

per the CBI FlRs tlre said company was engaged in delivery of large

payoffs to various irdividuarls and had opened a number of offshore


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entrties and varicrus ben,micompanies in India to further their iilegar

operations.

6) The mentic,n of the name of Respondent No. 2 rn the sejzed

handwrrtten diary of 201 1 wfth detairs of payoffs by sterling Biotech,


and his son's employment between 2O1O and 2012 with the same

Sterling Biotech indicate ilrat Respondent No. 2 had a close nexus with

the tainted company A copy of the professignal profile of Mr. Ankush

Asthana. son of Respondernt No.2, on the webpage of popular business

and employment websit,: www.linkedin.com, where he has shown

himself to be working with Sterling Biotech Ltd., dated NIL is annexed

herewith as Anne;rure pl24 (pages llS:]3a l. A copy of a srmitar

professional profile of Mr. Ankush Asthana on the webpage of another

website, w'ww bayt com, derted NIL is annexed herewith as Annexure

P25 (Pages \36-\39 ).

7) That as per information received by the counsel for the


petitioner fr-om a reliable whistleblower, on 24.11 2ol7,
6 a day before the

wedding of the daul]hter of Respondent No. 2 a parlylfunction was held

Vadodara-based farnrhouse of the Sandesaras and was probably

osted by the Sandesaras. The wedding of the daughter of the

ndent No 2 was hed the next day on 2511.2017


6 at Lakshmi

Palace in Vaclodara.

B) That a report on the said function was pubrished in Gujarati News

paper Gularat Santachar dated 04. 11.2017 The news report is

titled Pady Held for the Marriage ceremony of Daughter of tps officer

havlng Clase Relations tniith Sterling Group". As per the English

Translation of the said news report


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"After the filing of contplaint against the sterling Group administrators,

it has come to liElltt that the adntinistrators of the Sterting group have
good rel,ations with an IPS officer who preujously served at Vaclodara

and presently serves at Delhi. lt has also come out that a strteciat party
was orgitnized f<>r special guests at the farm house of the Sterting

group situated at Sindhgate area, at the occasion of marriage

ceremon:/ of daugrhter of this IPS officer.

One of the directors related to Chetan Sandesra being the

administrator of the Sterling group. came into good terms with this tpS

officer w,hen the IPS of icer joined the gymnasium of this director

regularly exercising in the ntorning. Other than this, along with this

gymnasit'm activity he ialso undeftook the work of llarsing. while

tnaintaining gaod ,lerms with this IPS officer.

The IPS officer served at ,Delhi yet the extravagant marriage ceremony

of his dattghter was organized in the Vadodara district. The party was

organized by the Sterling group adntinistrators for the stay and party of

the special guesls at their farm house."

of the said news report dated 04 112A17 published in Gujarat

aris annex,ed here,ryith as Annexure P26 (Pages l4D )

ln the light of the above information. it is sLrbmitted that the CBI

D irecto r had rightly oppose,C the proposal to appoint Respondent No 2

as the Special Din=ctor o1' the CBI citing an "integrity clause' The
decrsion of the Conrmittee 1.o appoint the Respondent No. 2 as Special

Director relecting the considered opinion of the Director, CBI


apparently without any effective reasoning, is therefore invalid The
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Committee ought not to have overruled the Director, CBl, on the cru,:al

question of integrity for selectiorr to such a high post without giving

convincing and strong counter-reasoning for dorng so. This is specially

so becaurse the Additional Director (as Respondent No. 2 was before

his prornotion) works uncer the Director and the latter is in the best

position t, judge his suitability for promotion. Hence, the opinion of flre

Director, cBl, shor.rld have been given the highest regard and shourd

not have been overruled r,vithout a compelling reason.

Vijay Mallya takes advantage of Respondent No. 2,s appointment

10) It rs now lceing rerported in the media that businessman Mr

Vilay Mallya is trying to prevent his extradition to rndia by taking


advantage of the errbitrary and mala frde appointment of Respondent

No 2 as Special t)irector. CBI in order to establish before the British

courts that "crrminal investigation agencies in lndia like the cBl and the

ED lack independence" anrj that there is "an overall lack of integrity in

the manner in wl'ich crirninal investigations and prosecutions are


carried out in lndia' one such news report published on 21 .112017 in

The lndian Express states: 'A senior professor of the school of oriental

and African sftidies rsoAs.), tJniversity of London, reportedry engaged


. IHIJC-' \
( ----rr
Vlay Matlya's lawyer, has, in a statement to London court citecj the
-:i::'i'_ty
i,'.?,'l-'r::\
iE"---?it 'felent promotion of Gujarat-cactre
"yelent Gujarat-cadre tpStps officer
afficer Rakesh Asthana as the
:8":,i??
7??7r,; l:'
spe,at directo,r to hiSThlight the ,'tack of integrity" in the way
^r7,u,./fft
--*'-<.i:'/
\::92' crimirtal inr estrganons and prosecutons are carrred out in rndia A
copy of the said news repor: dated 21 11.2017 published in The tndian

Express is annexed as Annerxure p27 (pages l+l -l I l- ).


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11) That the appointment of Responcrent


No 2 is in r,",",,"1,?{n-
principies of "impeccabl,e integrity,, and ,,instrtutional
integrity,,, This
Hon'ble court in the judgment concerning appointment
to an integrity
institution like the CVC had enunciated these
principles. This Hon,ble
court in centre for pubric rnterest Litigation &
Anr. vs rJnion of
lndia & Anr (201i) 4 SCC t hetd:

"lf a dutlr ls casf under the proviso to


Section 4(1) on the HpC to
recommend to the presia'ent the narne of the
setected candidate, the
integrity of that decisio, making process is got
to ensure that the
powers are exercised for the purposes and
in the manner envisaged
by the said Act, othenuise such recommendation will have no
existence in the eye of law.

The HPC must arso take into consideration the question


of institutionat
competenoy into account. ,rf the serection adversery affects institutionat

conpetency and funcilonrng then it shail be the duty of


the Hpc not to
recommend such a candidate. Thus, the institutional
integrity
ty rs
i, the
;-,fr'i>
C ,i l'"7r:" .

ry cc'nsideration whir:h the HpC is requirecl to consicler while

) l/tgilqnce
-.,', c.ommissroner rn the present case. this vitat aspect has
\'r' .,
.j' - ,.. r' not
'{-"--:-:rr}5,n
taken into account by the Hpc whib recommending the name of
Shrr P J Thomas for appoinlment as Central Vigitance Commissioner.

We do not wish to discount personal integrity of the


candidate What
we are emsthasizrng is that institutionat integrity of
an institution rike
cvc has gct to be kept in ntincr whire recammending the name of the
candidate. rMhether the incumbent wourd or wourd
not be abre to
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function'l Whether the vtorking of the lnstitution would suffer? lf so,
would it not be the duty of the HPC not to recommend the person."

12) Given that the CBI will need to investigate the role of

Respondent No.2 in the s;aid "Diary 2Q1'1 ", his appointment to such a

high post as the Special Director of CBI itself is bound to create

situations where officers lunior to Respondent No, 2 would not be able

to conduct a free, fair ernd fearless probe into his role. Thtts, his

appointment as the Speciarl Director of CBI would violate the principle of

institutional integrity.

13) ln the light of tlre above, the petitioner submits that the
illegal, mala fide and arbitrary appointment of Respondent No. 2 which

is rn violation of the relevant statutory provisions and is subversive of

the rule of law, deserves to be quashed and declared void. Moreover,

since the name of Res;pondent No. 2 {igures in the record of


transactions being investil;ated by the CBl, his continuation in the CBI

is untenable and, therefore, he ought to be transferred out of the CBl.

Accordingly, the respondents should be directed to transfer Respondent

No. 2 out of the CBI during the pendency of the CBI investigation into

his allegecl involvement in the aforesaid corruption case.

,6i.j@tr. Thus, the appointment of Respondent No. 2 to the post of


/e)>- :.'..
/a','
,,-\'/ -
/;/': = ]lSpecial Director, Central Bureau of lnvestigation (CBI) is arbilrary, mala

'.2p( i n violation of the principle of impeccable integrity and

'..t ; -- initituttbneLl integrity as lairj down by this Hon'ble Court The aforesaid
attributes are slne qua non for an appotntment to a key position in an

integrity institution such as the CBl. A proper appointment as per the

statutory law is necessary for upholding the rule of larv and for
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ta3
enforcernent of the rights of the citizens under Articles 14 and 21 of the

Constitution of lnd ia. t,c


[r---t.,--'-) " --..'----'x,,

DEPONENT
Karnal Kant Jaswal
Presdent, COMMON CAUSE
5, lnstilutronalArea
VERIFICATION: Nelson Mandela Road.
Vasanl Kuni, New Delhl- 1 10070

l, the above named Deponr:nt, do hereby verify that the contents of the

above Affidilvit are true and correct to rny knowledge and belief; that no

part of it is false and that notning material has been concealed therefrom.

Verified at New Delhi on this AAr,rd day of November 2017 /---.


'
L-+..-4^---l
I]EPONENT\
Karnal Kant Jaswal
Presadent, COMMON CAUSE
5. lnstitutional Area
Netsoo Mandeta Road
Vasant Krni, New Delhr. 110070

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,{nkursh futhana
i5srlanot mrlnge/
sterltng L)ierech ltd-
')!r.
Locntio,l. r..r t -!,r.i:
ducatron: iri,,:r{..,,i]*rl,tr., $tatOGl(aL5ata\{i5
frP.'rir.tccj :: ,.dr:.. I i r:r,.tirtir:

lortsj,rae r Moie
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P rn filt, Acrivrt ie ! A:et!,,/or k


!adger

1 Work Experience

otal Years of Experiencg: ye,!rs.


.: l1 Months

.:|-:.i.., rssistantmanger

lrldra - Vadodtsr,
Dur'rng ihrs pp.,arj I ol>{r:ri9d I tildris oa ie.ftentg., ,l l!.i dr:d la ll,
i;ii:a:ri.t\ ri..,rrl
rr.ts .Lr(rivrd,j. !oitrli fi.tsrr,,rlenrcn( aara!j
r,..,,,t:ir(
rr :r:c,'r,ill.- lr. :".a .:ii tE' i,
D!':orubt(rn i'od rn Ihe i60kt
ft,r..e,,:r-,r r;, ,.-" l]'.irr"i"toc{:'i'ed
Dr,.r.g thr5 prrod ",., I w.l! rr,!ol!ed rn 5cneduhrt
anJ n,,tdxement a)f ri!r,
rr.,:crials nnO do\tnstreim (oolornation

Education

rJy lrrr Ma$ter's degree, BIOLOGICAI SCIEN CE5

.ii il I ;. !l -/i)J I

j. t-Alil, li:|.1
r-:l ,11i.:6 i-1

8.: chelor's degree, CHIMiCAL ENGINERJNG

ar ,llis, PtlnNt
FtL,\t,1, tndi,l
ar.r-i'.:5 il-i

! igh Sc.hooJ or cquivak:nL. lndian Cerr iiic31* of Secontlary


boucatron
,ri l;.1.rF-A(,in|l.1 5(l lalL
l.;t,J - I,i Jr...i;lra1
ir,ll r, J' .r

.,: "r .:i a:.' t l:tr' :.


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specialties & Skills

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Languages

Lelci" e rpsn

English .
,ewl: lrplrt

Persiin

' l:. 1 Memberships

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Ankush Asthana
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[IessaSe More

Work Experience

Total Years of Experience; 2 years, i I t/ontrs

assistant manger
;(l1i
., r, .. ,., at ster ing b otech p,,t ltd.
Location : lndra - Vadodara
th s period operated 2 kinds of ferrnenrors of 2kt :rnC t 60kl crpac trej respe.lrve y w;5 f!otv!r n .Lrpply
DLrr ng
rnanaBenentofraw.nateflalstnrh:_tklrrmentorweprooucelDitxorubcn.ndlnthel60klier,.entlrrrrepro.lJ.ed
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r-r!r ng rfr ! c'"' oa vLa! .vol!cd r : -ho.r ng and in.nriroftre.r ol rrn m.r.r .r 5 .n.t :ow.ri!...r .:ro I riruon.

Education

M aster's clegree. B,O LO G ICA L SC IEN C ES

atET:,PLA\i
Location tFlLAi,l . i.rCr.-.
Gradet 6.3-1

Ba chelor's degree, CHEMTCAL ENGIN EERTNG

at B r5 PlL,/\Nl
Location: 9ILAN l,r d r
6rader 5 3J

High school or equivalent, lndian Certificate of Secondary Education


at NAr,/:tAcl-tA\A !al-i ata i

Location : lno a - Vadoata.a


Grade: 66 s
A ..1 ,: re. o'5.rio.l Cerl ...it] L!rm |:ii!n
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19,
11/22i2017
ankLrSh aslha|! - Llayl com

Specialties & Skills

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PUBL SNER

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tul.fur.rLt!r nE Op., aL oris

Languages

Hindi

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English

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hilps /rpeople bayl coir,a rk!sh asihanal


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PARTY HELD FOR THE MARRIAGE CEREMONY OF DAUGHTER OF

IPS OFFICER HAVINCi CLOSE RELATIONS WITH STERLING GROUP

By Representativel Gujarat Samachar | 04.11 ZO17

Vadodara, Saturday

After the filing of complaint against the steriing Group administrators, it

has come to lrght that the administrators of the sterling group have good

relations with an IPS ,officer that previously served at Vadodara and

presently serves at Dellri. lt has also come out ttrat, a special party was

organized for special guest at the farm house of the Sterling group

situated at Sindhglate area, at the occasion of marriage cerernony of


4'
daughter of this IPS offrr:er

one of the director relatr--d to chetan Sandesra being the admrnistrator of

the sterling group, came into good terms witir this lpS officer when the

IPS officer lorned the gvmnasium of this director regularly exercising rn

the morrring. other than this. along with this gymnasium activity he also

undertook the work of li,asoning, while malntaining good terms with this

IPS officer.

The IPS officer served at Delhi yet the extravagant marriage ceremony of

his daughter was organized in the Vadodara district The party was

organizecl by the Sterling group administrators for the stay and party of

the special guest at their farm house

ft.eue aPV
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ItU
+NlEruRE_ ? A+
London professor writes brief to defend Vijay Mallya: Look at CBl,s
lack ol' integrity
Vrlay |,tlallya appeareC before the court for his pre-trial hearing on
Monda-v. His extraditictn hearing was confirmed for eight clays starting
December 4.

Written by RahulTripathi lNew Delhi lNovember 21,2017 9:57 am

A sENloR professor lrom the School of oriental and African studies


(SOAS) Universrty of London, reportedly engaged by Vijay Mallya,s
lawyer, has, in a statenrent to a London court, cited the recent promotion
of Gujarat-cadre IPS officer Rakesh Asthana as the cBl special director
to highlight the "lack of integrity" in the way "criminal investigations and
prosecutions are carriecl out in lndia".

Meanwl'rile, Mallya appeared before the court for his pre-trial hearing on
Monday His extraditiorr hearing was confirmed for eight days starling
December 4. ln his "statement of impartiality", professor Lawrence saez,
who has identified himserf as "a leading expeft on the government and
politics of South Asia", has said: ,,Concerns about the lack of
independence by some criminar investigation agencies, rike the ED and
cBl als,c suggest an cverail rack of integrity in the way that criminar
investigations and prosecution are carried out in lndia.,,

Citing thr: case of Asthana, who is handling Mallya,s case in the CBl,
Saez has said "There were serious concerns raised by the Vigilance
commissron . surrounding the cBl's additional director Rakesh
Asthana's recent effort t() win promotion as special director of the cBl.
The CVC, lndia's leadinrS anti-corruption government agency, opposed
Mr Asthana's promotion on account of issues regarding the integrity
clause because his namr: appeared in a list of bribe takers of a companv
investigated by the cBlDespite seriousness of the allegations against
Mr Astharra, he was nonetheless promoted as the cBl,s special director.',
while saez has named the cVC it was actuaily cBr director Arok verma
who drssented over Asthana s promotion central Vigirance
Commissloner K V Chowdary had clarified that the process (for
THE INDIAN JURIST | www.theindianjurist.com

Asthana's promotion) was followed and the recommendations ll+2


were
unanimous.

Saez, who is also a


rnember of the World Economic Forum,s India
Agenda council. rs reported to have been e.gaged by Malrya's rawyer
Anand Doobay of Boutique Law firm, for his expert opinion. rn an
ernair
reply Doobay said: "we confirm that we act for Mr Mailya but r am not
able to rnake any comnrent at this time ' He did not respond to questions
about Saez's statement

While Saez did not respond to phone calls or email, he has, in his
statement, said. "l confirm that this report rs addressed to the coud and
relevant authorities, having received instructions from Mr Anand Doobay
and on behalf of Boutique Law LLp in connection with the ongoing
extradition proceedings against Dr Mallya .

s6ez is Professor in ther Folitical Economy of Asia in the Department of


Politics at SoAS. "l am a leading expert on the government and politics
of south Asia and, in zcti7, r was erected by my peers as the executive
drrector of the British As;sociation for south Asian Studies (BASAS) the
worid's leading rearned rsociety of south Asian studies .. I have lectured
on the subject of lndia's federal system, subnationar politics, banking
reform and rnter-governmental relations at the University of Delhi
and 9|exGl.][allal-]l\|9]l1Ig University,,,saez has said.

"ln nry capacity as an expert on the region, r have provided


testimony to
the Forergn Affairs cornmittee of the UK House of commons an<i
participated in classified rcriefings to the NATo parliamentary Assembry,
the Foreign and commorrwealth offrce and the US National Inteiligence
Council " he has added

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