New
Delhi:
The Supreme Court today refused to interfere with the Delhi High Court order
directing the Delhi Police to provide a statement of one of the witnesses in
the 2018 case related to the alleged assault of then Chief Secretary Anshu
Prakash, to Chief Minister Arvind Kejriwal. “It might be a political hot
potato, but legally nothing,” the bench observed while dismissing the plea.
“Investigating
agency has to be fair. It is a written statement. If something is beneficial to
the accused he has to benefit it. Allow the criminal law to run its course,”
the bench of Justices DY Chandrachud and MR Shah said.
Additional
Solicitor General Aman Lekhi, appearing for the Delhi Police, tried hard to
persuade the Judges, but was told that the case does not hold merit. “Do not
labour hard. There is nothing in the case,” the court said.
Last
year, the Delhi High Court had set aside a sessions court order rejecting the
plea of Mr Kejriwal and his deputy, Manish Sisodia, to provide the statement of
one of the witnesses in the 2018 alleged assault of Mr Prakash, who was then
Chief Secretary.
The
Delhi Police challenged the order in Supreme Court arguing that police diary
cannot be given to the accused. Pleading that the High Court order will have a
huge impact, the police appealed that such request should not be allowed by the
court.
The
criminal case relates to an alleged assault on Mr Prakash during a meeting at
Mr Kejriwal's official residence on February 19, 2018.
Anshu
Prakash was later transferred to the Department of Telecom.
The
alleged assault had triggered a bitter tussle between the Delhi government and
its bureaucrats.
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