Does assault case against CM Kejriwal hold water? Experts differ

Legal experts who are part of the chief minister’s team believe police would need sanction under section 197 of the CrPC to prosecute him.

How far will Delhi Police be able to go ahead with their case against Arvind Kejriwal? Legal experts, who are part of the chief minister’s team, believe police would need sanction under section 197 of the CrPC to prosecute him.

Delhi chief minister Arvind Kejriwal has been named in a chargesheet pertaining to the alleged assault of chief secretary Anshu Prakash. (PTI)

A lawyer, who has represented the chief minister in previous cases, said on condition of anonymity, “Sanction is mandatory to prosecute the CM under section 197 of the CrPC because it is required in the case of discharge of duty by a public servant. If Delhi Police do not take sanction, we would challenge this in court.”

Other experts in his team said that to prosecute a sitting chief minister, one requires sanction from the lieutenant-governor in Delhi. In other states, the governor gives permission.

Senior advocate Vikas Pahwa said it is up to the judge hearing the case to decide if a sanction is required in this case or now. “It depends on the judge to interpret if a sanction of the lieutenant-governor is mandatory to prosecute the chief minister. It depends on the nature of the offences. All offences committed while discharging official duty will required a sanction,” Pahwa.

Public prosecutor Atul Shrivastava said there is no need for a sanction in this case. Asked about immunity from arrest, Shrivastava said the chief minister enjoys no such protection.

“Immunity is only for the president, governor and lieutenant-governor, but not the CM,” he said.

On Monday, Delhi Police filed a charge sheet against Kejriwal, deputy chief minister Manish Sisodia and 11 other AAP MLAs – Amanatullah Khan, Prakash Jarwal, Nitin Tyagi, Rituraj Jha, Ajay Dutt, Praveen Kumar, Sanjeev Jha, Dinesh Mohania, Rajesh Gupta, Rajesh Rishi and Madan Lal.

The 13 AAP leaders have been charged under 13 different Indian Penal Code sections, including criminal intimidation, assaulting a public servant, wrongful confinement, criminal conspiracy. If found guilty, Kejriwal and his MLAs may have to be face a maximum jail term up of three years.

On August 25, the court is likely to take cognisance of the charge sheet and summon the 13 accused for trial.