Delhi HC refuses relief to CBI against returning papers

The Delhi high court on Thursday refrained from passing an order on CBI’s plea seeking stay of a trial court order directing the agency to return some documents seized by it during the raids at the office of chief minister Arvind Kejriwal’s principal secretary Rajendra Kumar.

Justice P.S. Teji, however, issued a notice to the AAP government and Mr Kumar on the agency’s plea seeking quashing of the trial court order that castigated the investigation agency for flouting its own manual by seizing documents without showing how they were related to the graft case.

The court said: “Notice to respondents (Delhi government and Kumar). They may file reply by 11 am tomorrow. The petitioner CBI will file their response by January 23. The matter shall be heard on Monday.”

The court’s direction came on a plea filed by the CBI against trial court’s Wednesday order, which said the special CBI judge has failed to appreciate that the Delhi government has already obtained photocopies of the documents seized and thus the order of returning the documents is “wholly misconceived”.

The court, which initially appeared inclined to grant stay on the trial court’s order, refrained itself after senior advocate Dayan Krishnan, appearing for the Delhi government, opposed any interim order on the plea.

While the CBI kept pressing for a stay on the special court order, Mr Krishnan said, “I am opposing the interim order and the Delhi government should be heard before granting any relief.” At this point, the court said, “I want your reply black and white. Why to keep the petition pending for two days or 10 days. File your reply today and I will decide it finally.”

The Delhi government’s counsel said they will file their response by Friday. Advocate Sonia Mathur, appearing for the CBI, urged the court to allow the agency to file documents in a sealed cover before the court, which was opposed by the Delhi government.

A special court had on Wednesday directed the CBI to return some documents seized by it during the raids at Mr Kumar’s office on December 15 last year.

The investigating agency in its plea had alleged that the trial court judge had failed to appreciate that the right of investigation was the inherent right of the probe agency which cannot be curtailed by passing such orders.

The CBI submitted the order was highly unsustainable as it amounted to curtailing the probe at such a preliminary stage by passing orders without due authority of law.

“In this case search order was given by the same judge and after seizure of relevant and incriminating documents, the judge committed a gross error in quoting legal provisions pertaining to collusion of search,” it alleged, claiming that the judge has failed to specify alleged lapse in the procedure followed by the investigating agency.

The agency said that the documents seized during the search are crucial for investigation of the case to prove the involvement of the accused persons.

It said, “The judge failed in observing that the present application was filed by the Delhi government which has absolutely no locus standi in the present case. The present regular case (RC) was filed against Rajendra Kumar for criminal misconduct by government officials and has nothing to do with the Delhi government”.

The CBI had come under a scathing attack on Wednesday from the trial court which had directed it to return documents sought by the Delhi government seized during recent raids on the office of Kejriwal’s principal secretary, saying it “cannot be clothed with divine powers” to flout its own rules.

The trial court judge had on Wednesday said there appeared a deviation in the present case as CBI, without conducting preliminary inquiry, straightaway registered a regular case on the basis of oral information.

Quoting CBI manual, the judge had pointed out there should not be any indiscriminate seizure of documents in any case and Investigating officer should seize and requisition the record only if these are essential for investigation.