The magisterial enquiry into the Gajendra Singh’s suicide seems to be a hoax riddled with legal complications as Chief Minister Arvind Kejriwal has not taken the approval of lieutenant-Governor Najeeb Jung for the probe. Without l-G’s approval, such magisterial probe has no the legal sanction. Such probe has no strength to seek help and support from the Delhi Police in the investigation. Though the District Magistrate has initiated the enquiry at his own due to the binding order from the Chief Minister, his report will not stand up in court.
The question arises why Kejriwal has not taken approval of the l-G before ordering the magistrate enquiry. The whole development has created a lot of confusion into the matter. There is no clarity as to why the Delhi Police Crime Branch and the District Magistrate are probing separately in the same case simultaneously. Experts say that tussle between the Delhi Police and the Government may impact the investigation.
Insiders say that the Arvind Kejriwal Government feared that the Delhi Police probe may go against them. That’s why the AAP Government has ordered the magisterial enquiry to counter the Delhi Police investigation and to invalidate Centre’s version of the incident. On the other hand, the District Magistrate has reason to fear that Raj Niwas may seek clarification from him on this issue.
According to officials, this is the third occasion when Arvind Kejriwal has ordered a magisterial enquiry after assuming the charge of Chief Minister on February 14. On the earlier two occasions, the l-G had turned down the AAP Government’s request to hold magisterial probes into the alleged rape of a Nigerian woman in a moving car and a demonstration by hundreds of people and two AAP MlAs in Burari. While rejecting the magisterial enquiries, the l-G had observed that both the incidents were directly linked with the law and order and hence no such enquiries could be ordered.
Despite categorical refusal by the l-G to allow magisterial probes, Arvind Kejriwal loved to defy him once again by instituting magisterial probe in Gajendra’s suicide case. In both the previous cases, the probes came to abrupt end. The Chief Minister did not pay heed to previous twin incidents, and once again adventured into instituting another probe by magistrate. legal experts are wondering that without l-G’s approval, whether this probe has the legal sanction to proceed or not. Due to this, the Delhi Police has stated that District Magistrate has no jurisdiction on the matter.
Meanwhile, the district magistrate initiated a probe into it by issuing a public notice asking public to share any information or evidence about the incident. District Magistrate Sanjay Kumar has also sought video footage of the incident from TV channels for his inquest under Section 174(1) of the Cr Pc in cases related to unnatural death.