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Delhi anti-graft branch free to probe city cops, HC says
The order came on a petition by a sub-inspector of the Delhi Police who had challenged the order of the trial court by which charges were framed against him under sections 7/13(1) (d) and 13(2) of the Prevention of Corruption (PC) Act.
The Delhi government’s anti-corruption branch (ACB), which comes under the Lieutenant Governor, can investigate Delhi Police officers even though they report to the Union ministry of home affairs (MHA), the Delhi high court said on Monday while rejecting the objection raised by a police officer who was charged of bribery for clearing the arms licence of a Delhi resident in 2014.
“Any official of the central government accused of corruption cannot get away with the mere technicality that the ACB cannot investigate [charges against] them. When a complaint is made to an authority in charge, it is the duty of that authority to duly investigate and look into the said allegations,” justice Jasmeet Singh said in the judgment.
The court said they may, after due diligence, transfer the matter to the concerned authority to look into it but they have the right to investigate the same at the time of lodging of the complaint.
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The order came on a petition by a sub-inspector of the Delhi Police who had challenged the order of the trial court by which charges were framed against him under sections 7/13(1) (d) and 13(2) of the Prevention of Corruption (PC) Act.
The officer contended that the ACB will not have jurisdiction to investigate the case since the city police comes under the MHA.
Saying that such an argument “cannot be substantiated”, the court said, “…I am unable to agree with the counsel for the petitioner on issue no. (ii) i.e. that as the petitioner is a sub-inspector in Delhi Police the Anti-Corruption Branch of Delhi government can have no jurisdiction to investigate the offence against the SI working in Delhi Police which falls under the Ministry of Home Affairs (MHA),” the court said.
Justice Singh, however, noted that the accused has been exonerated in the departmental enquiry and there is no further substantial material on record to show the need to continue the criminal proceedings against the sub-inspector.
“…I am of the view that when departmental proceedings and the criminal proceedings are a mirror image of each other and the accused has been exonerated on merits in the departmental inquiry, and not due to minor technicalities or irregularities, the criminal proceedings, on the same set of facts and circumstances, cannot be permitted to be continued as the standard of proof in departmental proceedings is much lower than the standard of proof in criminal proceedings,” the court noted in a 14-page order.
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According to the complainant, he had applied for arms licence in January 2014, and the police officer asked him to pay a bribe of ₹20,000 for sending his report for grant of the licence, which after negotiation fell to ₹10,000.
The complainant, thus, handed over a sum of ₹1,000 to the petitioner, recorded the conversation and provided a CD to ACB.
Later, when the accused allegedly called the complainant to pay the rest of the money, he was arrested by ACB
