Apex court says stop cremation, but Asthana cremated Sunday (Second Lead)

GHAZIABAD/NEW DELHI - The Supreme Court Monday directed that the body of Ashutosh Asthana, the prime accused-cum-witness in a corruption case involving judges of the higher judiciary, should not be cremated till further orders. However, the development came a day too late as the body was cremated Sunday evening, police said.

“The cremation took place yesterday (Sunday) at 6.30 p.m. His wife (Sushma Asthana - also an accused) came to attend the cremation,” said Circle Officer (First) of Ghaziabad R.K. Gautam.

“Though the post-mortem (tests) on the body had been done earlier, his wife was released (from jail) by 5 p.m., after which the cremation took place by 6.30 p.m,” Gautam told IANS.

An apex court bench of Justice D.K. Jain and Justice H.L. Dattu issued the order on a plea by senior counsel Anil Diwan who approached the court for an independent probe into the mysterious death of Asthana in Dasna district jail in Ghaziabad Saturday.

Diwan told the court that there was some uncertainty about reports of Asthana’s cremation, and accordingly the court should issue direction to the Central Bureau of Investigation (CBI) that if his body has not been cremated till then, it should not be cremated till further orders.

Approving Diwan’s demand, the court told him to inform the CBI counsel accordingly.

The court said it will hear the case in detail Tuesday.

A clerk with the Ghaziabad district courts, Asthana was dubbed as the kingpin of a scandal involving the fraudulent withdrawal of social security fund from the district court’s treasury to the tune of Rs.2,300 million between 2000 and 2008.

He was accused of having embezzled the social security fund of the court’s lower grade employees with the collusion of judicial officers, including sitting judges.

After the initial probe by the Ghaziabad police, the investigations into the scam were handed over to the CBI by the Supreme Court following a public interest lawsuit.

In his early 40s, Asthana had told a magisterial court in his deposition that a substantial chunk of the fund was spent in sending lavish gifts to judges, including those from Allahabad High Court (AHC) and one of the apex court.

He was the only one aware of the full details of the scam and had provided the CBI with documents that established connivance of a number of judicial officers, including a sitting judge of the Supreme Court, seven of the AHC, 12 judges of the subordinate courts and six retired AHC judges.