The Delhi High Court has quashed a trial court order asking the Central Bureau of Investigation (CBI) to return the documents seized during raids at the office of Delhi Chief Minister's principal secretary Rajendra Kumar, saying it contained self-contradictory reasons.
A bench of Justice PS Teji, while allowing the appeal of CBI, said that the trial court exceeded in its jurisdiction and the order had self-contradictory reasons. "The appeal is allowed. The trial court order stands quashed," the bench said.
CBI, on February 1, had submitted before the high court that the seized documents do not paralyse the functioning of the AAP government, as alleged. It had said that at the "initial stage of investigation relevancy of the documents cannot be disclosed even if known to the probe agency, as it can do harm to the ongoing investigation".
Opposing the trial court's finding, Additional Solicitor General Tushar Mehta, appearing for CBI, had said that the documents in its possession will "not hamper their (the Delhi government) functioning and it cannot be said that these are unrelated documents" and "the order has completely demoralised the investigating agency".
The Delhi government had countered CBI's contention, saying the "agency has picked up documents which have nothing to do with the investigation and it is hampering the government's functioning".
The agency had contended that the Special CBI Judge had failed to appreciate that the Delhi government has already obtained photocopies of the documents seized and thus the order of returning the documents was "wholly misconceived".
Kumar's office is situated on the same floor as Delhi Chief Minister Arvind Kejriwal in the Delhi Secretariat. After the raids that were conducted on December 15, 2015, CBI sealed the entire floor which saw the Aam Aadmi Party launching a no holds barred attack on the Centre and CBI.
Kejriwal alleged that the NDA government is misusing the CBI and the raid was intent to malign his image. "Files of CM office are being looked into. Let Modi say which file he wants? When Modi cudn't handle me politically, he resorts to this cowardice. Modi is a coward and a psychopath," the CM had tweeted.
AAP had also claimed that the order to release documents seized during CBI's raid on Delhi Secretariat had vindicated its stand and "exposed blatant misuse" of the investigating agency by the Centre.
"Special court's order about release of documents, which were seized by the CBI during a raid on Delhi Secretariat, has only vindicated AAP's stand that the target of CBI raid at Delhi Secretariat was Delhi Chief Minister Arvind Kejriwal and not Rajendra Kumar," an AAP spokesperson had said.
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