A special CBI court at the Tees Hazari has ordered a CBI probe into allegations of disproportionate assets of former R&AW chief AK Verma.
According to reports, the court directed the CBI director to conduct the investigation in the form of an inquiry and submit the report within three months.
The special court has asked the CBI to probe the matter pertaining to the income and assets of the accused persons under Section 202 of the CrPC.
The order comes on a petition by RK Yadav, a former employee of the agency who was sacked during Verma's term as the head of the intelligence agency in 1989. Yadav has been alleging that Verma siphoned off secret funds during his tenure in the agency and that he acquired flats, shops and farmhouses from income beyond his means.
Verma reportedly claims that those properties belong to his wife and son, and that his wife comes from a rich family. Verma had also previously said that all his operational dealings were known to his superiors.
In February 2013, an order by the Special Court ordering the apex investigating agency to probe the assets of AK Verma, was quashed by the High Court after it was challenged by the CBI.
In his order, judge Brijesh Kumar Garg said, "Thereafter, the complainant (former RAW employee R K Yadav) had prayed for issuing summons to the accused persons, for facing the trial for the offences punishable under Section 13 (1) (e) read with Section 13(2) of the P.C. Act, as well as for the offence under Section 109 IPC".
The judge pointed out that Yadav had examined a total of 13 witnesses in support of his contentions, in pursuance to the orders passed by the court on 7 September 2010.
"These witnesses have brought on record, the various documents pertaining to the various movable and immovable assets of the accused persons. But, the complainant has failed to produce concrete evidence in respect of a large number of movable and immovable assets, allegedly acquired by the accused No 1, during his tenure as the Chief of RAW," PTI reported Garg as saying.
The judge also pointed out that the accused persons are residents of Noida which is beyond his territorial control.
Background of the case
Yadav, who was sacked in 1989 during Verma's term as the chief - post an enquiry in the formation of an employee's union in the agency - has been pursuing this case since 1990s. In 1996, he first moved the Delhi High Court with a list of eight properties said to be acquired by Verma through secret funds. His petition was then rejected by the Court.
Yadav then took the RTI route to dig out information and moved the special CBI court in 2009. In the petition he sought details of his complaint against the ex-R&AW Chief.
In his petition, Yadav alleged that he had filed a complaint in 1999 with the then-central vigilance commissioner N Vittal and the then-director of the CBI, RK Raghavan - who had appointed Investigation Officer R N Azad for the case.
In its response to the RTI query, the CBI said that the file regarding the investigation was missing and that the case was not considered enquiry-worthy since Verma had retired in 1990.