Claiming that the order passed by the Sessions court on Saturday for registration of FIR against Chief Minister Sheila Dikshit was contrary to law,the Delhi government on Tuesday approached the High Court with a plea to quash the lower court order.
An anti-corruption court had on Saturday directed the police to register an FIR on the basis of a complaint by former Delhi BJP chief Vijender Gupta for alleged misuse of government machinery and public funds for carrying out an election campaign for Congress party and her own political gains during the 2008 elections.
The High Court has reserved its order on the plea for interim stay of the investigation proceedings,and has issued notice to the Delhi Police and BJP leader Vijender Gupta to file written replies to the plea by September 19.
The complaint is a politically motivated and frivolous one. There is no direct material except the Lokayukta report against the Chief Minister and other officers, Additional Solicitor General Siddharth Luthra argued.
The direction to register a FIR under Section 156 CrPC should not be evoked against public servants without due appreciation of facts as the same have a likelihood of being motivated and with malafide intention, the plea filed by the state says.
The plea also notes that the mandatory requirement for sanction by the government under the Prevention of Corruption Act had not been fulfilled. The state plea also says that the court should have treated the matter as a complaint case and should have asked Gupta to prove his case instead of directing registration of an FIR.
On Tuesday morning,Additional Solicitor General Siddharth Luthra mentioned the matter before the Chief Justice of Delhi,seeking an urgent hearing of the plea. He also argued that the issue would affect the governance in the capital. The plea was heard before the bench of Justice Sunil Gaur.
The ASG sought interim stay on the registration of FIR and investigation process. The plea field by the state also says the Lokayukta report had not attained finality in terms of Section 12 of the Lokayukta Act since the issue was pending before the President of India.
Can you allow the officers of the state to be harassed in this manner? The state has come here because officers have been affected, the ASG said. The plea also claimed that the status reports filed by the police before the Sessions court had held that no cognisable offence could be made out against Dikshit and others.
Senior Advocate Sanjiv Jain,appearing for Vijender Gupta,argued that the information regarding confidential discussions were not available to the complainant.
There is already a report of the Lokayukta against the Chief Minister. We want an investigation to know how much public money has been misused,who are the recipients and what are the agreements with the parties, Jain said.
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