Delhi court clears Kejriwal in 2019 Dwarka defacement case
The case was about the alleged misuse of public funds and illegal installation of political hoardings in Dwarka in 2019.
A Delhi court has closed a 2019 case related to alleged defacement of public property in Dwarka after the Delhi Police told it that no evidence was found against former chief minister and Aam Aadmi Party (AAP) national convener Arvind Kejriwal, former AAP MLA Gulab Chand and Dwarka BJP councillor Nitika Sharma.
Additional Chief Judicial Magistrate Neha Mittal of the Rouse Avenue Courts closed the proceedings on Tuesday after taking note of an untrace report filed by the Delhi Police on December 4.
The FIR in the case was registered at the Dwarka South police station on March 28 under Section 3 of the Delhi Prevention of Defacement of Property (DPDP) Act, 2007, which deals with damage to public property. The case was about the alleged misuse of public funds and illegal installation of political hoardings in Dwarka in 2019.
The court’s decision came months after it had, on March 11, held that the allegations disclosed a cognisable offence under the Act, which carries a punishment of up to one year’s imprisonment and a fine. The court had then directed the police to conduct a thorough investigation, including identifying the origin of the hoardings and the persons responsible for putting them up.
In its untrace report, parts of which were reviewed by HT, the police stated that they were unable to establish the source of the alleged hoardings or link them to the accused persons. It stated, “The CD provided by the complainant showing the alleged hoardings were unable to be examined by the forensic science laboratory as it was in broken condition”.
{{/usCountry}}In its untrace report, parts of which were reviewed by HT, the police stated that they were unable to establish the source of the alleged hoardings or link them to the accused persons. It stated, “The CD provided by the complainant showing the alleged hoardings were unable to be examined by the forensic science laboratory as it was in broken condition”.
{{/usCountry}}The police also said the printing press that allegedly produced the hoardings could not be traced. “During inquiry accused persons were sent notice and questioned…no evidence was found against accused persons,” the untrace report claimed.
{{/usCountry}}The police also said the printing press that allegedly produced the hoardings could not be traced. “During inquiry accused persons were sent notice and questioned…no evidence was found against accused persons,” the untrace report claimed.
{{/usCountry}}The case originated from a complaint filed by a Dwarka resident, Saxena, who alleged that several hoardings had been put up at different locations in 2019. One of the hoardings stated that the then AAP government in Delhi would soon start registrations for darshan at Kartarpur Sahib in Pakistan; the hoardings featured the photographs of Arvind Kejriwal and then-Matiala MLA Chand. Another hoarding allegedly had the photo of Sharma alongside images of Prime Minister Narendra Modi and other senior BJP leaders. Saxena said that these hoardings were illegally put up, defacing public property in the area.
{{/usCountry}}The case originated from a complaint filed by a Dwarka resident, Saxena, who alleged that several hoardings had been put up at different locations in 2019. One of the hoardings stated that the then AAP government in Delhi would soon start registrations for darshan at Kartarpur Sahib in Pakistan; the hoardings featured the photographs of Arvind Kejriwal and then-Matiala MLA Chand. Another hoarding allegedly had the photo of Sharma alongside images of Prime Minister Narendra Modi and other senior BJP leaders. Saxena said that these hoardings were illegally put up, defacing public property in the area.
{{/usCountry}}Following his initial complaint to the Dwarka South police station, Saxena wrote to the Dwarka deputy commissioner of police. However, after failing to receive a satisfactory response, he approached the Dwarka court seeking registration of an FIR.
His application was dismissed in September 2022, with the court stating that no field investigation was required. Following this, Saxena filed a review petition before the Rouse Avenue Court, which overturned the previous decision and directed the magistrate to reconsider the case.
During earlier hearings, the court had sharply criticised the Delhi Police for its handling of the case, observing that its action taken report (ATR) was silent on whether the hoardings were present at the relevant time.
“The statement in the ATR that no hoardings were found on the date of inquiry appears to be an attempt by the investigating agency to play hoodwink with the court,” the order stated.
The prosecution argued that given the passage of time, gathering evidence would now be impossible, particularly because details of the printing press were unavailable. However, the court firmly rejected this claim.
“...This court cannot presume the fact that ordering investigation would be a futile exercise without even giving a chance to the investigating agency, especially in this era of scientific and technological advancement,” the order said, reprimanding the police for delays in filing reports.
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