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Kejriwal secretary raid case: HC quashes trial court order

The Delhi High Court on Wednesday quashed a trial court order asking the CBI to return some documents seized during its raid on Chief Minister Arvind Kejriwal’s Principal Secretary Rajendra Kumar’s office on December 15, 2015. Justice P.S. Teji said that the Central Bureau of Investigation (CBI) will retain the documents seized by it during the raid.

Arvind Kejriwal-AV

Quashing the order, Justice P.S. Teji observed, “In the impugned order, error has been committed and jurisdiction has been exceeded in accepting the claim of the return of the documents, selected by the respondent no.1, mentioned in para 8 of the application as it over shadow the investigation.”

Special CBI Judge Ajay Kumar Jain then said, “Directions have been given to release the documents”.

“The application dated December 21, 2015 filed by the Government of NCT of Delhi is disposed of. CBI is directed to release the documents in terms of para number 8 of the order,” the judge said while pronouncing the order.

In its plea, Delhi government had also sought initiation of stringent action against erring officials responsible for raiding “malafidely the office of applicant and seizing documents which cause immense dislocation of work in the office of the applicant.”

CBI had earlier told the court that the raid at Kumar’s office was not aimed at the Delhi government but against an alleged corrupt officer who had misused his official position.

CBI’s prosecutor had also said the documents seized during the raid were relevant for the ongoing probe by the agency and had alleged that the accused in the case was a senior officer who was possessing the documents seized by it, and in all likelihood, he could have tampered with them.

CBI had registered a case against Kumar and others on the allegations that he had abused his official position by “favouring a particular firm in the last few years in getting tenders from Delhi government departments”.

In all, CBI had carried out searches at 14 places connected with Kumar in Delhi and various locations in Uttar Pradesh Gupta and claimed to have recovered about Rs 16 lakh, including Rs 2.4 lakh in cash. Foreign currency of the value of Rs 3 lakh from the residence of Kumar, CBI had claimed.

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