Court allows spl prosecutor in chief secy assault case

NEW TURN IN CASE Court direction comes after govt turned down home secy’s nod to appoint spl prosecutor

NEWDELHI: A Delhi court on Monday allowed chief secretary Anshu Prakash to have a lawyer nominated by the Delhi Police to contest his case of assault in which chief minister Arvind Kejriwal, deputy chief minister Manish Sisodia have been named as an accused, along with 11 other Aam Aadmi Party (AAP) MLAS.

Delhi Police had filed a case on the chief secretary’s complaint that he was assaulted inside Kejriwal’s residence during a midnight meeting on February 19. The AAP leaders have denied Prakash’s allegations.

The alleged assault on the chief secretary had created a rift between the bureaucrats of the Delhi government and the Aam Aadmi Party leaders. Kejriwal accused the IAS officers of boycotting meetings, thereby stalling the government’s development works. In June, Kejriwal launched a sit-in protest at L-G Anil Baijal’s residence, vowing not to leave until the L-G asked IAS officers to resume work.

On Monday, additional chief metropolitan magistrate Samar Vishal also directed that the prosecution of the case be conducted by an additional commissioner of police (equivalent to the rank of DIG) or above, one who has not been associated with the assault case. The court permitted advocates Siddharth Aggarwal and V Madhukar to conduct the prosecution on behalf of the officer of the Delhi Police appointed in this regard. The court’s order came while hearing a plea filed by Prakash, who had moved the court, seeking directions for the appointment of a special public prosecutor (SPP) to contest his case and not the lawyers empanelled by the state government.

In August, the home secretary had written to the home minister, requesting a special public prosecutor because the case was a “serious” one, in which the CM and deputy CM are the accused.

Home secretary Manoj Parida had then told home minister Satyendar Jain that regular public prosecutors (PPS) who work under the elected government may find it difficult to handle the matter. Jain had declined the request and also said it is ridiculous to say that public prosecutors will act in a “partisan” and “political” manner.

“It is unfair to distrust them or impose upon them any outside advocate unnecessarily,” he had written in his reply to Parida.

On August 13, Delhi Police had filed a chargesheet against CM Kejriwal, deputy CM Manish Sisodia and 11 other AAP MLAS . On Monday, the judge observed, “...there is no doubt that the regular cadre prosecutor... will have to prosecute the highest functionary of the state that is the Chief Minister of the state”. “There is no doubt the complainant (Prakash) has not been able to show any actual bias on the part of the prosecutor However, the genuineness of complainant’s apprehension of bias can also not be doubted,” the judge said.

Delhi chief secretary Anshu Prakash alleges he was assaulted by AAP MLAS during a meeting at chief minister Arvind Kejriwal’s official bungalow at midnight on February 19.

FIR registered against AAP MLAS Amanatullah Khan and Prakash Jarwal for allegedly assaulting Prakash. Medical checkup of the chief secretary is conducted. Prakash skips the cabinet meeting.

AAP holds press conference and denies charges. Delhi environment minister Imran Hussain and AAP leader Ashish Khetan allege they were attacked by a mob inside Delhi secretariat. IAS association carries out candlelight march in support of Prakash and demand written apology from the chief minister. They decide to boycott meetings called by ministers and observe

“silent protest” every day at lunch time.

Police detain AAP MLA Prakash Jarwal.

Police arrest AAP legislator Amanatullah Khan

AAP MLA from Uttam Nagar, Naresh Balyan, in the presence of CM, says beat up officers who hamper work. L-G Anil Baijal intervenes, asks AAP govt not to distrust government employees

Balyan booked for making inflammatory speech

Officers hold march to support Prakash

Jarwal granted bail Amanatullah Khan granted bail

Kejriwal, Sisodia, Satyendar Jain and Gopal Rai meet L-G, refuses to leave his office till he orders IAS officers to return to work.

Jain goes on hunger strike

Sisodia follows suit.

IAS officers say they do not feel safe. Kejriwal assures them of security. Jain admitted to hospital

Sisodia taken to hospital Sisodia, Jain discharged Kejriwal and Rai end their nine-day-long sit-in at Raj Niwas Police file chargesheet, allege Kejriwal and Sisodia were kingpins of the controversy

Delhi police writes to Delhi government requesting it to appoint three special public prosecutors in the case

File is put up by the home department and is sent for home minister Satyendar Jain’s approval

Jain rejects the proposal and asks home department to appoint their regular public prosecutors in the case

CS Anshu Prakash moves court seeking appointment of a special public prosecutor in the case

Patiala House Court allows Delhi police to appoint a special public prosecutor in the case

Formal charges likely to be framed against the accused, including the CM and deputy CM