Delhi HC asks ACB if it will reconstitute probe team against staffer accused of bribery

The suggestion came from a bench of justice Tushar Rao Gedela after senior advocate Mohit Mathur, appearing for the staffer, Mukesh Kumar

The Delhi high court on Monday asked the anti-corruption branch (ACB) whether it was willing to reconstitute the special investigation team probing a case against a court staffer accused of soliciting bribes for facilitating bail, by replacing the additional commissioner of police (ACP) against whom the staffer had earlier raised concerns.

ACB’s standing counsel, Sanjeev Bhandari, confirmed the inclusion of the ACP in the probe team. (HT Archive)

The suggestion came from a bench of justice Tushar Rao Gedela after senior advocate Mohit Mathur, appearing for the staffer, Mukesh Kumar, and assisted by Ayush Jain, submitted that the officer named in a complaint filed by Kumar in January was now part of the team investigating him. ACB’s standing counsel, Sanjeev Bhandari, confirmed the inclusion of the ACP in the probe team.

Kumar, in January, had sought a transfer, alleging threats from the ACP, including being falsely implicated in a criminal case.

Taking note of these submissions, justice Gedela told Bhandari: “Then there is a big problem. We advise you to think about this. We are nobody to direct this... it must not just be transparent, but also seen to be transparent. He (Kumar) may be right or wrong, but we are testing your credibility. Therefore, remove that bias. Even if there is an apprehension, remove that apprehension. Resolve that and come back on Friday.”

While advising the ACB to review the composition of its investigation team, the judge also noted that prima facie material appeared to implicate Kumar, and cautioned that serious consequences would follow if he were found guilty.

“As of now, subject to your arguments, there appears to be something implicating you. This is our prima facie opinion. We’re not going to brook any kind of corruption. If we find that a staffer is doing something he is not supposed to do, we will act accordingly. This is an institution. We are not going to tolerate misconduct by our staff,” Justice Gedela told Mathur, listing the matter for further hearing on June 6.

The ACB had registered a first information report (FIR) against Kumar (38) on May 16 under Section 7 (public servant taking bribe) and Section 13 (criminal misconduct by a public servant) of the Prevention of Corruption Act, along with Sections 61 (criminal conspiracy) and 308 (extortion) of the Bharatiya Nyaya Sanhita (BNS). Kumar was posted in the court of a special judge at Rouse Avenue Court.

On May 20, four days after the FIR was filed, the Delhi high court transferred the special judge of that court to the North West district “with immediate effect.” The judge had been presiding over the Special ACB Court, which handles Goods and Services Tax (GST) evasion cases.

In January, prior to filing the FIR, the ACB had written to the Delhi government’s law secretary seeking sanction to prosecute both Kumar and the judge. This request was forwarded to the high court, which in February declined to grant sanction against the judge, citing insufficient evidence. However, the ACB was allowed to continue its probe and advised to return with further material, if available.

The court made its observations while hearing two petitions filed by Kumar. One challenged a city court’s May 22 order denying him anticipatory bail; the other sought quashing of the FIR and transfer of the probe to the Central Bureau of Investigation (CBI).

Kumar alleged in his plea that the FIR was a “counterblast” to judicial orders by the judge threatening contempt proceedings against ACB officials. He claimed the ACB, a principal litigant in several pending matters before the judge, had acted vindictively and that its officers had threatened him with dire consequences, prompting his earlier request for transfer.

On May 27, the high court declined to grant Kumar interim protection from arrest, citing the seriousness of the allegations.