Delhi HC refuses to stay Lokpal's order directing CBI probe against MCD officials
Dec 23, 2022
New Delhi [India], December 23 : The Delhi High Court on Friday refused to stay an order of the Lokpal of India directing a CBI investigation against MCD officials.
The Lokpal ordered the CBI investigation on the basis of a complaint against the alleged illegal and unauthorised constructions in Delhi.
The MCD had challenged the order of Lokpal before the Delhi High court.
The bench of Justice Prathiba M Singh on Friday refused to grant Ex Parte stay and deferred matter till January 5.
Meanwhile, the court has asked the counsel for the MCD to supply petition's copy to the Lokpal.
During the hearing senior advocate Rajshekhar Rao for the MCD urged to stay the proceedings before the Lokpal. The court said that it will not issue an order of stay without hearing the other party.
The bench said, "Lokpal is consisting of three members with a retired high court judge... Once the Lokpal has considered the matter, there are some reasons. I have to hear them.. If you make out a case on the next date, I will stay the proceedings."
The counsel for MCD argued that Nobody would be able to do their work if CBI investigation is ordered in a case such as the present one.. and by the same logic, an investigation should also be ordered against the police for crime in Delhi.
While expressing its concern, the court said, "MCD can't be equated with Delhi police. It's engineers are a problem. Unauthorised construction, encroachment, everything takes place. Something has to be done."
The Lokpal initiated the proceedings on a complaint filed by Vikram Singh Saini, a former General Secretary of Samajwadi Yuvjan Sabha. He a complaint in December 2021 and alleged that certain "illegal constructions" in South Delhi were because of their (Engineers) conduct.
On the other hand, MCD refuted the allegations and its petition claimed that the complainant filed a "frivolous, baseless and a vague complaint" to the Lokpal. There is no allegations of corrupt activities.
The petition stated that the Lokpal passed a "blanket order" on the basis of an "incoherent and general complaint" with respect to illegal constructions in South Delhi in 2020-21.
The petition said the data depicts a "steady decline" in unauthorised constructions in the south zone and the officials have been discharging their duties effectively.
This fact is also evident from the data from the year 2018. It shows that out of 1141 properties booked, 606 were demolished, 223 were sealed, prosecution in 326 and letter in all such properties were duly issued," the petition said.
The MCD has contended that the order passed by Lokpal Lokpal violated the principles of natural justice as the investigation was ordered against MCD officials who were not party before it.
