The Delhi High Court on Friday reserved its order on a plea filed by the state against a trial court order for the registration of an FIR against Chief Minister Sheila Dikshit. The trial court had ordered the FIR against Dikshit over alleged misuse of government funds for advertisements during the 2008 poll campaign. The order had been issued on a complaint by BJP leader Vijender Gupta.
The court of Justice Sunil Gaur reserved its order after Additional Solicitor General Sidharth Luthra and Senior Advocate Sanjay Jain,who was representing Gupta,concluded their arguments.
Jain cited Supreme Court judgments to argue that the state plea was premature as the sessions court had ordered an investigation well within its jurisdiction. If,prima facie,an offence is seen to have been committed,the magistrate can order investigation…, Jain said.
He said under Lokayukta Act provisions,the court could not use the Lokayukta as evidence. Only police can access the evidence that Lokayukta had taken up during the investigation, Jain said.
Appearing on behalf of the government,ASG Luthra,however,argued that according to Supreme Court judgments,the trial court should have taken up the investigation by asking the complainant to submit evidence instead of directing the registration of an FIR.
Justice Gaur has asked both Gupta and the government to submit their written synopsis within a week.