Bar and Bench - Indian Legal news
www.barandbench.com
News

Delhi HC stays non-bailable warrant issued against ACB Chief

Smrithi Suresh

The Delhi High Court
The Delhi High Court

The AAP-Centre controversy reached the Delhi High Court once again today when the Union Government and ACB Chief MK Meena moved the Court against issuance of a non-bailable warrant against him by a Commission of Inquiry (CoI).

The said Commission was setup by the Delhi Government to probe the CNG fitness scam in the capital.

The matter was mentioned by ASG Sanjay Jain before a Division Bench of Justices BD Ahmed and Sanjeev Sachdeva who directed for it to be listed today itself, before an appropriate Bench.

Post lunch the matter was taken up before a Division Bench of Chief Justice G Rohini and Justice Jayant Nath.

Jain argued that similar matters were pending before the High Court and these matters, which also questioned the Government’s decision to set up an Inquiry Commission for probing into the CNG fitness scam, were listed for hearing on September 23. Jain further added that today the issue of ‘utmost urgency’ was the issuance of NBW against Meena. He further argued,

“My primary contention is whether the GNCT of Delhi is an appropriate government under the Inquiry Act to constitute a Commission of Inquiry under the Commission of Inquiry Act, 1952.”

Appearing for the Delhi Government, Senior Counsel Dayan Krishnan alluding to Meena, argued that the ‘concerned officer’ had to at least produce the records before the Commission for it to proceed with its investigation into the scam.

While the Bench categorically said that it will hear all the similar petitions on September 23, it granted stay over the NBW that was issued on September 11 against Meena. The Delhi High Court also went on to direct the Delhi Government to not take ‘any coercive steps like attachment of salary or issuing warrants.’

“It is a question of importance that requires serious consideration. Re-notify on September 23. Pending proceedings, the order of September 11 remains stayed.”