HC issues notice to Rajasthan, Delhi Police on Lokesh Sharma plea in phone tapping case
Jun 03, 2021
New Delhi [India], June 3 : The Delhi High Court on Thursday issued notice to Rajasthan government and Delhi Police's Crime Branch on a plea filed by Lokesh Sharma, Officer on Special Duty to the Chief Minister of Rajasthan, challenging FIR filed against him in alleged phone tapping case.
Justice Suresh Kumar Kait asked Rajasthan government, Delhi Police Crime Branch and
Union Minister Gajendra Singh Shekhawat to file reply on Lokesh Sharma's plea.
The court also gave interim relief to Sharma and directed Delhi Police not to take any coercive action against him till the next date of hearing.
The petition was filed by Sharma through advocates Anoopam N Prasad and Nitin Saluja. Sharma was represented by lawyer Siddharth Agarwal and Senior Advocate Mahesh Jethmalani appeared for complainant Gajendra Singh Shekhawat, who is Union Jal Shakti Minister.
Sharma, who is Officer on Special Duty (Computer Communication Cell) to the Chief Minister of Rajasthan, has sought quashing of FIR being probed by Delhi Police Crime Branch under various sections of Indian Telegraph Act, Information Technology Act and Indian Penal Code.
Sharma said that the impugned FIR has been lodged "on a motivated complaint" by Shekhawat.
In the alternative, the petitioner sought directions to concerned department to treat the impugned FIR as a zero FIR and to hand over the investigation to Rajasthan government where the entire cause of action has arisen.
"It is submitted that the impugned FIR arises out of a purely motivated complaint and is entirely mala fide and an abuse of process. The lodging of FIR is being used as a tool of political vendetta to pressurize the petitioner, in order to settle a political score. The impugned FIR is a counterblast to FIRs that were lodged in July 2020 in Rajasthan, wherein cases against the Respondent No. 2 (Gajendra Singh Shekhawat) and others are being investigated on allegations of using corrupt means to try and topple a democratically elected government, " the petitioner said.
The petitioner further added that as a counterblast to the FIRs registered in Rajasthan, Respondent No. 2 (Gajendra Singh Shekhawat) filed after nine months a motivated complaint on March 20, 2021 at Tuglak Road Police Station, New Delhi, "which had no jurisdiction".
This complaint was later transferred to the Crime Branch, New Delhi. Being a Union Minister and a senior member of the ruling political party at the Centre, the respondent "is able to wield undue influence in New Delhi", the petitioner said.
