Delhi HC rules in favour of Arvind Kejriwal government, says anti-corruption branch can arrest police personnel

In a major victory for the Aam Aadmi Party (AAP) government, the Delhi High Court not only denied bail to police Head Constable Anil Kumar in a corruption case but also declared that Delhi government's Anti-Corruption Branch (ACB) had the jurisdiction to arrest police personnel.

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 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 personnel serving the citizens 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 High Court order comes as a short in the arm for Delhi Chief Minister Arvind Kejriwal who is involved in a battle with Centre’s nominee and Lieutenant Governor Najeeb Jung over the powers of the state government.

Earlier on May 14, the high court had pulled up the Delhi police for questioning the jurisdiction of ACB in arresting Kumar.

Just a few days back, the Union Home Ministry had issued notification claiming that the L-G has the power related to appointment of bureaucrats and there was no need to consult the elected Chief Minister.

In the gazette notification issued on May 22, 2015, the Union Home Ministry said that the L-G had jurisdiction over matters connected with services, public order, police and land and he may consult with the Chief Minister whenever he thinks necessary in issues of services using his own "discretion".

Kejriwal pointed out that it also said that Anti-Corruption Branch police station shall not take any cognisance of offences against officials, employees and functionaries of central government services and wondered who were the people Modi government was "trying to protect". He added that such actions amount to promoting corruption.

Delhi Police Head Constable Anil Kumar was arrested in Northeast Delhi’s Sonia Vihar area following a complaint by a scrap dealer on the anti-corruption helpline 1033. The scrap dealer accused Kumar of trying to extort Rs 20,000 from him and threatening to implicate him in false cases.

But Kumar’s arrest pitted the Kejriwal government against Delhi Police which registered a case of kidnapping after the Head Constable’s wife lodged a complaint. Police officials also sent a notice to the ACB asking its team to “join investigations”.