No bar on ACB's power to probe, whoever offender is: AAP govt to HC
The AAP government on Tuesday claimed in the Delhi High Court that there is no bar on the ACB's power to investigate acts of corruption committed within the national capital, irrespective of who the offender is.
New Delhi: The AAP government on Tuesday claimed in the Delhi High Court that there is no bar on the ACB's power to investigate acts of corruption committed within the national capital, irrespective of who the offender is.
The submission was made before Justice VP Vaish by Delhi government, which also opposed the Centre's stand that an FIR cannot be lodged against the DDA officials on SDM's complaint that they were allegedly accepting bribe, and said it was done deliberately.
"It is submitted that there is no bar on the power of the Anti-Corruption Branch (ACB) of the government of the National Capital (Delhi) from investigation acts of corruption committed with the territory of Delhi, irrespective of who the offender may be.
"However,... Assuming for the sake of argument without conceding that such a bar exists, it is still incumbent on the police station before which a complaint disclosing commission of a cognizable offence is brought, to forthwith take necessary action, either by registering an FIR or conducting a preliminary enquiry," Delhi government standing counsel Raman Duggal said.
He further submitted by way of a rejoinder that it is no justification in law to contend that receipt of such complaint was declined on the ground that the accused is in an employee of the central government.
"Even assuming that such a bar can validly be imposed, it is settled law that the concerned police station must register a 'Zero FIR' and transmit the same to the police station having jurisdiction to deal with the same," it added.