The Delhi High Court on Wednesday issued notice to Anti Corruption bureau chief MK Meena and SHO Brij Mohan and sought their reply on a contempt of court case filed by the Delhi Government.
The bench of justice VP Vaish issued notice after hearing arguments from senior advocate Dayan Krishnan, who appeared for the AAP government, and additional solicitor general Sanjay Jain, who was representing the Centre.
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The AAP government, in its plea filed through standing counsel Raman Duggal has alleged that Meena “blocked” work of the ACB and violated court orders to “act in accordance with the law.”
During arguments, the ASG however said that Meena had not acted in contempt, as he had acted under a central government notification which stated that the ACB could not investigate allegations against central government employees. The Delhi government has claimed that Meena refused to register an FIR against employees of the DDA, against whom an SDM had filed a complaint. The Delhi government has also filed an application seeking directions.
The ASG however argued that DDA worked under the Ministry of Urban Development and the employees were therefore central government employees.
“They have a preconceived grudge against the proposed contemnor (Meena)” alleged the ASG, adding that the allegations and the complaint by the SDM were a ” paper trail to impress the press and media.”
The ASG also said that the complaint was an “attempt to overreach” a matter that was “already subjudice” as the High court is already examining the issue of whether the ACB has the power to register cases against Central government employees. At present, the central government notification that bars the ACB has not been stayed by the High Court.
“Why didn’t they approach the CBI?,” asked the ASG, adding that the case was “an eyewash.”
The Centre also argued that no notice should be issued in the case, since a notice of contempt by the High Court was a “serious matter” which would “stigmatise” the officer. The bench however did not accept this argument.
“You place all these arguments on record. I’m issuing notice” said the bench. Meena is now expected to file a reply by August 25.
In a separate plea, the Delhi government has sought orders to ACB to register an FIR on the complaint by the SDM. The government also alleged that documents had “gone missing’ from ACB files. The bench has now issued summons to Joint Commissioner MK Meena to appear before the bench on August 4 to give an answer to the issue of “missing documents”.