HC asks MK Meena to reply on Delhi govt’s plea

The Delhi High court on Tuesday directed Anti Corruption Branch chief MK Meena to file his reply to a plea by the Delhi government against his decision to refuse to register an FIR against DDA officials on a complaint filed by an SDM.

The Delhi High court on Tuesday directed Anti Corruption Branch chief MK Meena to file his reply to a plea by the Delhi government against his decision to refuse to register an FIR against DDA officials on a complaint filed by an SDM. The notice was issued after Delhi government counsel Senior advocate Dayan Krishnan argued that a “zero FIR” could have been registered even if the ACB did not have jurisdiction to investigate the case.

The Delhi government had approached the court last week with an application to register an FIR on a complaint against officials of the DDA after Defence Colony SDM Krishan Kumar and officials from the Vigilance branch had “caught” the officials taking a bribe. The ACB had refused to register an FIR, with Meena claiming that the ACB did not have the jurisdiction to register an FIR against Central Government employees.

The Delhi government plea had sought court orders against Meena to register the FIR and to allow the SDM to deposit the recordings and other case property. The government has also sought a contempt of court action against Meena in a separate plea.

The court of Justice VP Vaish had summoned Meena to appear before the court to “explain” his stand. On his appearance, the court, after a brief hearing, directed him to file a reply by August 11, as Additional Solicitor General Sanjay Jain, who was representing Meena, sought time to file a response.

During brief arguments, senior advocate Dayan Krishnan, appearing for the Delhi government said that the ACB should have registered a Zero FIR, according to “a notification issued by the Ministry of Home affairs in April 2015.”

Krishnan argued that the MHA circular issued recently had made it mandatory for any police station to register a Zero FIR if a case was outside its jurisdiction. “Under the provisions of Section 166 A IPC, an FIR can be registered against the police officer concerned if he fails to register an FIR in a cognizable case,” said Krishnan.

The court is in the process of hearing two separate cases arising out of the spat between the Delhi government and the Centre over the powers of the ACB and the appointment of Meena as the Joint Commissioner ACB. The plea challenging Meena’s appointment is scheduled for hearing on August 25.

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