In a shot in the arm for the Kejriwal Government, the Delhi High Court on Monday ruled that Delhi Government’s Anti-Corruption Branch (ACB) has the jurisdiction to arrest corrupt officials of the Delhi Police. The HC also said the lieutenant-Governor of Delhi is bound to act upon the aid and advice of the Council of Ministers who are directly elected by the voters of Delhi.
Reacting to the HC order, the Centre said it was not a party to the case but will take legal recourse after obtaining the judgement. “The Home Ministry is not a party to the case. The Home Ministry will obtain a copy of the judgement and take appropriate legal recourse in the matter,” a Home Ministry spokesperson said.
While dismissing the bail application of Delhi Police head constable Anil Kumar arrested by the ACB, the Delhi High Court termed as “suspect” the Centre’s recent notification barring ACB from acting against Delhi Police personnel in criminal offences. A Bench of Justice Vipin Sanghi disallowed Anil Kumar’s bail application saying his submission that the ACB of the Government of National Capital Territory of Delhi (GNCTD) does not have the competence or jurisdiction to act on the complaint of the complainant is rejected.
“Since the applicant is a Delhi Police staffer serving the people in the NCTD and the functions of the Delhi Police personnel substantially and essentially relate to the affairs of the GNCTD, in my view, the ACB of the GNCTD has the jurisdiction to entertain and act on a complaint under the PC Act in respect of a Delhi Police officer or official, and to investigate and prosecute the crime,” the judge said.
The head constable was arrested on May 2 from the Sonia Vihar police station in Northeast Delhi by the ACB. Earlier on May 14, the high court had pulled up the Delhi Police for questioning the jurisdiction of ACB in arresting Anil Kumar. He was arrested after a scrap dealer filed a complaint on the anti-corruption helpline 1033 that Kumar had been demanding Rs 20,000 as a bribe and threatening to implicate him in false cases.
The High Court observed that mandate of the people “must” be respected by the lG if there was no other “constitutional or legal fetter”. “In my view, since the Union lacks the executive authority to act in respect of matters dealt with in Entries 1 & 2 of list III of the Seventh Schedule, the further executive fiat issued by the Union Government on May 21, 2015 is also suspect,” Justice Vipin Sanghi said.