The mysterious death on Saturday of Ashutosh Asthana, main accused in the Ghaziabad Provident Fund (PF) scandal, has dealt a severe blow to the case which allegedly involves, among others, a sitting judge of the Supreme Court and seven judges of the Allahabad High Court.

It was in Asthana’s statement before the magistrate that names of judges, past and present, cropped up as alleged beneficiaries of the money he siphoned from PF accounts of employees. He had handed over to the CBI documents and receipts detailing the money trail.

Union Law Minister M Veerappa Moily today sought a proper inquiry into Asthana’s death. “His death is shocking. People would like to know if there was a conspiracy behind it. For that we need a thorough probe,” he said.

While CBI officials dealing with the case asserted that investigations were on the “right track” and a “positive” result would be the outcome, legal experts were not so sure.

“The main case was built on Asthana’s statement under Section 164 of the CrPC before a court because it was in this statement that he named the judges and others. But in a criminal case, notwithstanding such statements, it is the real evidence, examination and cross-examination of the accused and witnesses that leads to conviction. With Asthana dead, who will verify his claims? A lot will depend on the manner in which the CBI proceeds with the case now,” said a senior Supreme Court lawyer.

Senior advocate Prashant Bhushan, who has been closely involved in the matter through the Campaign for Judicial Accountability and Reform, feels Asthana’s death is a setback. “But it is not the end of the road. The onus is now on the CBI to clinch the case by building concrete evidence which will stand all scrutiny,” he said.

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