[Phone-Tapping Case] Will not take coercive action against OSD to Ashok Gehlot: Delhi Police to Delhi High Court

The Delhi High Court was assured by the Delhi Police last week that no coercive action will be taken against Lokesh Sharma, Officer on Special Duty (Computer Communication Cell) to Rajasthan Chief Minister Ashok Gehlot, in connection with a phone tapping case. (Lokesh Sharma vs. State of NCT of Delhi & Ors.).While hearing the application preferred by the Sharma for early hearing under Section 482 of the Criminal Procedure Code (dealing with saving of inherent powers of high courts), Justice Subramonium Prasad of the Delhi High Court ordered:"Even though this Court had ordered on June 3, 2021, that no coercive steps shall be taken against the petitioner, he is here before us as he apprehends arrest by the Delhi Police . Court reiterates that no coercive steps are to be taken against the petitioner ... Issue notice. Counsel for respondents accept notice and seek time to file their reply." The Court recorded an assurance given by Delhi Police's counsel, Rajesh Mahajan to say that the interim order passed on June 3, 2021 by Justice Suresh Kumar Kait will be honoured by it and no coercive steps will be taken against the petitioner.Thereafter, stating that there was no urgency in this case, the Court listed the matter for further hearing on January 13.Senior Advocate Siddharth Aggarwal appeared for Lokesh Sharma. The petition was filed by Advocates Anoopam N Prasad and Nitin Saluja.Senior Advocate Mahesh Jethmalani appeared for Shekhawat and Senior Advocate Siddharth Luthra appeared for State of Rajasthan..Appearing on behalf of Lokesh Sharma, Aggarwal submitted that the High Court had earlier this year stayed coercive action against the OSD by way of Justice Suresh Kumar Kait's order in June.Despite that, the Delhi Police had gone ahead and summoned Sharma along with a warning that if he failed to appear before the Crime Branch, he could face arrest, Aggarwal informed the Court.Sharma's counsel had urged the Court to schedule an early hearing in the aftermath of the above summons by the Delhi Police. The Delhi Police assured the Court that it will continue to honour the previous order..Earlier this year in June, Justice Suresh Kait had provided interim relief to Lokesh Sharma in a plea seeking quashing of the First Information Report (FIR) registered by Delhi Police against him. The Court had issued notice in the petition and granted interim relief to Sharma till the next date of hearing.However, no stay on the investigation was ordered by the Court..In his petition, Sharma had informed the Court that the FIR pertained to the broadcast of certain audio conversations between BJP Cabinet Minister Gajendra Singh Shekhawat and other persons about "using corrupt and illegal means" to topple the Congress government in Rajasthan last year.Thereafter, an FIR was lodged under Section 26 Indian Telegraph Act, 1885, Sections 72, 72A Information Technology Act, 2000 and Sections 409,120B Indian Penal Code, 1860 on a complaint made by Shekhawat.Sharma had contended that the FIR was purely motivated and entirely malafide and an abuse of process as no cognisable offence was made out against him.The Court was informed that a complaint was made before a Jaipur court against Sharma and others on the issue of the leaked audio clips, and the same was pending inquiry under Section 202 of the Criminal Procedure Code.Sharma had thus prayed that either the Delhi FIR be quashed or it be handed over to Jaipur Court as a Zero FIR (filed irrespective of jurisdiction and transferred to relevant police station later). The matter will next be heard on January 13, 2022..No coercive action against Lokesh Sharma, OSD to Rajasthan CM Ashok Gehlot in Delhi Police phone tapping FIR: Delhi High Court.[Read Order]