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The Delhi government's anti-corruption bureau (ACB) has the jurisdiction to arrest policemen, the Delhi High Court held on Monday, while dismissing bail application of a head constable who was arrested by the ACB in a corruption case. Chief Minister Arvind Kejriwal called the Delhi High Court judgment a “huge embarrassment” for the Centre.
A Bench 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 Prevention of Corruption 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. On May 14, the high court had pulled up the Delhi Police for questioning the jurisdiction of ACB in arresting Kumar.
Kumar was arrested after a scrap dealer filed a complaint on the anti-corruption helpline 1033 that Kumar had been demanding Rs 20,000 as bribe and threatening to implicate him in false cases. The Delhi Police functions under direct administrative control of the home ministry. Its notification had barred the ACB from taking action against the Delhi Police and any officers of the central government.
The high court's order came amid a bitter tussle between the Aam Aadmi Party government and Lieutenant Governor Najeeb Jung over posting and transfers of senior officials as well as other contentious issues.
The AAP government has called an emergency session of the Delhi Assembly beginning Tuesday to discuss the notification. It has also indicated taking legal recourse on the issue.
The gazette notification dated May 21 by the home ministry had said the L-G will have jurisdictions over matters connected with services, public order, police and land and he may consult with the chief minister whenever he thinks necessary on issues of services using his own “discretion”.
The appointment of senior bureaucrat Shakuntala Gamlin as acting chief secretary by the L-G last week had triggered a turf war between the ruling AAP and Jung, with Kejriwal questioning the L-G's authority and accusing him of trying to take over the administration.
