New Delhi: The Delhi Police has told a court here that AAP MLA Akhilesh Pati Tripathi, against whom a complaint has been filed for allegedly taking medical claim for his mother who was not dependent on him, has returned nearly Rs two lakh to the Vidhan Sabha Secretariat.
Police, in its status report, told the court that Tripathi was interrogated and he stated that when he came to know that his father, being a pensioner, was not entitled for the medical claim, he wrote a letter to the Vidhan Sabha secretariat to know the rules and was asked to return the amount with interest, that is, Rs two lakh on September 16.
"It is further submitted that an inquiry report was sought from the Deputy Secretary, Legislative Branch, Delhi Vidhan Sabha office here in which he stated that 'In this connection I am informing you that Akhilesh Tripathi has voluntarily returned the amount claimed by him for medical treatment of his mother, that is, Rs 1,72,763 along with interest of Rs 20,879 on September 16, 2015, with due permission of the Speaker.
"In view of the above, legislative treats the matter as closed and does not propose to take any further action in this regard," the report filed before Metropolitan Magistrate Ambika Singh said.
The report filed by sub inspector Anand Singh of Civil Line Police Station said he shall abide by the directions/ orders passed by the court.
The court has fixed the case in December for hearing arguments in the matter.
The court was hearing a complaint filed by advocate and RTI activist Vivek Garg alleging that the MLA from Model Town constituency here committed an offence by getting his mother's medical allowance worth over Rs five lakh reimbursed from Delhi government, despite his parents not being dependent on him and not entitled to the claims.
He said the MLA has accepted his crime by returning the money and now there is no need to lodge an FIR and would urge the court to directly put him on trial.
"Now the court should directly record pre-summoning evidence in the case as it would save court's time," he said.
In his complaint, Garg had sought registration of an FIR against Tripathi for alleged offences of cheating, criminal breach of trust by public servant, forgery for cheating and criminal conspiracy under the IPC.
In its status report, police said Tripathi had stated
that his father was a retired teacher and was getting about Rs 15,000 per month pension.
"When he was elected as MLA Delhi Vidhan Sabha Election, he had applied for medical health card and was issued the card for himself and for his parents.
"He had applied for Rs 1,73,000 for his mother's medical treatment at Vidhan Sabha and the amount was paid to him without any condition," the report said.
The court had earlier directed SHO of Civil Lines Police Station and investigating officer to appear before it with a detailed status report.
In an earlier status report, the police had informed the court that they had sent the complaint to the Assembly to find out the facts and the inquiry was still pending.
The complainant has claimed that Tripathi, in two affidavits filed before the Election Commission during the 2013 and 2015 Assembly polls, had declared that his parents were not dependent on him.
He has alleged that Tripathi had obtained a medical facility card under Delhi Government Employees Health Scheme and to obtain "wrongful gains", he has disclosed in the card that his parents are dependent on him and can avail the medical facility on the card of an MLA.