Delhi Police today told a court here that prima facie "no cognizable offence" is made out against Chief Minister Sheila Dikshit in a complaint alleging misuse of Rs 22.56 crore in government funds for an advertisment campaign before the 2008 assembly polls.
Police filed a fresh status report in the court of Special Judge Narottam Kaushal stating that the complaint made by BJP leader Vijender Gupta is "premature" and the FIR was not registered as there was no cognizable offence.
The court has now fixed August 27 for hearing arguments.
"On an examination of complaint and annexure thereto, no cognizable offence, prima facie, appears to be made out.
"In order to have an independent assessment, an opinion of Directorate of Prosecution was sought who has affirmed on August 5, 2012 that the view taken by the undersigned (SHO of IP Estate police station) that no cognizable offence is made out is correct since there are no norms/guidelines for circulation of government ads...
"...On the facts alleged it cannot be assumed that there is any breach thereof or that any offence is committed," the report said.
It added that though in the Lokayukta's report of May 22, 2013, it was clearly stated that there are no such norms, police had written a letter to the Delhi Government on June 14 to supply norms/guidelines, if any.
The report also said the President, being the competent authority, has not taken any decision on the Lokayukta's recommendation till date.
"The findings/recommendations of Lokayukta are only advisory in nature. The President of India being competent authority has not taken any decision on the recommendation till date as learnt from the government of NCT of Delhi.
It said the the complaint is on the basis of the recommendation of Lokayukta only and no other evidence or record has been produced by the complainant in support of the allegations.
