HC refuses to pass order on CBI plea against returning docs

Delhi High Court today 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 notice to the Delhi government and IAS officer Rajendra Kumar on the agency's plea seeking quashing of the trial court order that castigated the CBI for flouting its own manual by seizing documents without showing how they were related to the graft case.
"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 bench said.

The direction came on a plea filed by the CBI against trial court's yesterday order, which said the Special CBI Judge has failed to appreciate that Delhi government has already obtained photocopies of the documents seized and thus the order of returning the documents is "wholly misconceived".
The high court, which initially appeared inclined to grant stay on the trial court's order, refrained itself after senior advocate Dayan Krishnan, appearing for AAP government, opposed any interim order on the plea.
As CBI kept pressing for a stay on the special court order, Krishnan said, "I am opposing the interim order and Delhi government should be heard before granting any relief."

Hearing this, the court said, "I want your reply black and white. Why to keep the petition pending for two days or ten days. File your reply today and I will decide it finally."

Delhi government's counsel said they will file their response by tomorrow.
Meanwhile, advocate Sonia Mathur, appearing for 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.
CBI in its plea alleged that the trial court judge has
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 present order has completely curtailed the right of the CBI to investigate the matter and thus jeopardize the fair outcome of the case. The unwarranted observations made by the judge would irreparably prejudice case of the CBI at the very threshold," the agency said, claiming that the order has given undue advantage to the Delhi government.
"The judge has erroneously observed that 'upon that this is not a fair investigation but CBI has arbitrarily abused its authority during the search'," it said.
CBI also 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 contended that the documents seized during the search are crucial for investigation of the case to prove the involvement of the accused persons.
It further 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".

CBI had come under a scathing attack yesterday 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 yesterday 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.

CBI had raided office of Principal Secretary Rajendra Kumar on December 15, 2015. It had registered a corruption case against Kumar and others on the allegations that he had abused his official position by "favouring a particular firm in the last few years in getting tenders from Delhi government department.