Sarkar vs sarkar is strange, give Delhi govt copies of seized papers: Court to CBI

The court instructed that the documents be handed over by December 28. It fixed hearing on the issue of possible action against CBI officials for January 6.

Written by Aneesha Mathur | New Delhi | Updated: December 24, 2015 5:52:20 am
Arun Jaitley, Arvind Kejriwal, kejriwal, jaitley, Jaitley defamation, DDCA Arun jaitley, DDCA kejriwal, kejriwal defamation case, DDCA news, Delhi news, India news AAP leader Arvind Kejriwal (left) and BJP leader Arun Jaitley

A special court Wednesday directed the CBI to give the Delhi government “attested copies” of documents it seized in a raid on the Delhi Secretariat office of the Principal Secretary to the Chief Minister in an alleged corruption case.

Referring to the AAP-versus-Centre spat and the way it has been unfolding, Special CBI judge Vinod Kumar said: “This is Sarkar vs Sarkar. This is very strange.” At this, the CBI prosecutor said the issue was not of government-versus-government but of “government vs corrupt officer”.

The Delhi government approached the court, seeking release of the documents as well as “stringent action” against CBI officials over “the seizures” since it had “paralysed the government”.

The court instructed that the documents be handed over by December 28. It fixed hearing on the issue of possible action against CBI officials for January 6.

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Delhi government senior standing counsel Rahul Mehra and additional standing counsel Richa Kapoor appeared before the court in Patiala House.

During arguments, Mehra told the court that under the law, the CBI should have given copies of the seized documents to government officials, but refused to do so, as a result of which the “entire work and functioning of the state’s office is greatly hampered, paralysed and dislocated”.

The documents include diaries which had telephone numbers and appointment details of the Chief Minister, files pertaining to recruitment of personnel for the transport department, and copies of Cabinet decisions.

“The raiding officials of the CBI, oblivious of these difficulties, indiscriminately carried out the seizure irrespective of the fact that these documents were not at all relevant or necessary for instant investigation,” stated the government plea filed through Deputy Secretary Tarun Sharma.

In their arguments, government lawyers said implementation of the odd-even traffic policy and e-rickshaw policies have been “stalled” because of the seizure of the files.

Senior CBI prosecutor S C Sharma said the issue was “being made political”. He said the raid had been conducted due to allegations of corruption against the Principal Secretary.

Mehra argued that “a raid on the Principal Secretary’s office is the same as a raid on the CM office… if documents are seized from the room of the court ahlmad (record keeper), it will be called a seizure of court documents. The CM doesn’t keep his files in his hands but with the Secretary”.

“The state’s office is facing extreme difficulties in contacting and establishing communication with officers of various departments of GNCTD,” the government told the court.

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