The Delhi government accused the CBI of “miserably” failing to show relevance of documents it seized from the office of Rajendra Kumar, Principal Secretary to Chief Minister Arvind Kejriwal, in a reply filed before Delhi High Court Friday.
The AAP government sought “heavy and exemplary costs” on the probe agency in its submission. The high court bench of Justice P S Teji had Thursday issued a notice to the government on a plea filed by the CBI challenging the order of a special court to release the documents seized during a raid on Delhi Secretariat on December 15, 2015. The CBI had stated in its plea before the high court that the documents were relevant to an ongoing investigation.
On Wednesday, the special court had stated the CBI “cannot be clothed with divine powers” and directed it to return the “original” documents seized during the raid.
In its reply to the CBI plea, the Delhi government alleged that the probe agency had approached the high court with “oblique motives in order to circumvent the prescribed procedures of their own CBI manual, with intention to arbitrarily target the functioning of democratically elected government of NCT of Delhi”.
The government also argued that the CBI plea was “liable to be dismissed with heavy cost”.
The government also alleged that the warrant for the raid had been “obtained misleadingly” by the CBI from the special court, and that the special judge in his order had taken note of the conduct of the probe agency.
The government stated that the documents for which it had sought release were “diaries” for the day to day working of the office of the chief minister, and files relating to recruitment of personnel for the transport department.
The government also argued that there was “no probable cause” for raiding Kumar’s office, as allegations against him were “specific to departments such as power, Delhi Jal Board, health, and trade and taxes, relating to limited checked period from 2007 till August 2014.
The government submitted it was “highly improbable that a person accused of an offence relating to abuse of his official position while functioning at erstwhile postings on previous occasions… would carry with him all such files to the office of the current posting where he is holding charge…”
“The CBI has miserably failed to explain the relevancy of the documents pertaining to the Government of NCT of Delhi which are totally unrelated for the purpose of investigation,” stated the government’s reply.
The CBI is expected to file its response Saturday, following which the matter would be heard Monday.
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