Dismissing a plea seeking registration of a criminal complaint against former Delhi Police chief B S Bassi for allegedly getting an MIG flat transferred in his name, a city court has pulled up a Delhi government official for “misleading” the court. The complaint by Delhi Chief Minister Arvind Kejriwal’s advisor Gopal Mohan had been dismissed by the court of a metropolitan magistrate in May. Mohan had then filed a revision plea, which was heard by the court of additional sessions judge (ASJ) Vidya Prakash.
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The ASJ, in his order dismissing the revision, has now said that the complaint had been filed “relying on non-existent provisions of law and on basis of unsubstantiated allegations”.
In the complaint, it was alleged that one of the members of Lucky Home Cooperative Society was expelled and Bassi’s name was inducted illegally so that he could be the owner of a flat. The complainant had also alleged that former MCD commissioner K S Mehra, who was the then registrar, had been helping Bassi get a flat.
The court, however, observed that the “allegations pertaining to alleged abuse of official position” were “devoid of any merits”. Further, it held that the allegation that Bassi got the flat without paying the required dues was “misplaced” as the provision of law regarding the particular dues was “not in existence” in 1990 when the allotment was made.
“It is not appreciable that the complainant, who is holding a responsible position in the Government of the NCT of Delhi, has filed criminal complaint for prosecution of the respondents by wrongly relying on non-existent provisions of law and on the basis of unsubstantiated allegations,” said the court, adding that it was “not expected” that “any honest citizen” would “file such type of false and motivated complaint”.
“In fact, this act of the relying on non-existent legal provisions to allege commission of crime by the respondents is a contemptuous attempt to mislead and to misguide the court,” the order passed on December 14 stated.