Lt Guv refers case against AAP MLA to Delhi Assembly Speaker for prosecution sanction

New Delhi [India], August 22 : Delhi Lieutenant Governor LG VK Saxena has referred to Delhi Assembly Speaker the Vigilance Department’s request for sanction to prosecute Aam Aadmi Party MLA Akhilesh Pati Tripathi.
The MLA from Model Town is accused of demanding Rs 90 lakh bribe in lieu of giving an Aam Aadmi Party ticket to a woman aspirant in last year’s MCD elections, the LG office said.
A complaint in this regard was lodged by the woman’s husband, following which the Anti-Corruption Bureau registered a case. The Department of Vigilance has found that facts/evidence – both human as well as technical – strongly indicated serious complicity of the MLA and other persons in the bribery case, according to the LG office.
"The ACB has made a strong case against Tripathi in which there was a red-handed seizure of money and confirmatory statements by the other accused persons. The CCTV footage at the house of Wazirpur AAP MLA Rajesh Gupta at about 1.30 am on November 12, 2022, was noticed from where the complainant was seen leaving," the LG office said.
The CCTV footage also indicates arrival of the Model Town MLA Tripathi at the residence of Wazirpur MLA and staying there for a while, LG office further said.
Three persons including Tripathi’s brother-in-law Om Singh, Shiv Shankar Pandey alias Vishal Pandey (PA of Tripathi) and Prince Raghuvanshi were arrested on November 16, 2022. Pandey was arrested from the residence of the complainant where he had gone to return the bribe money after the party ticket was denied to the complainant’s wife.
Pandey was also found in possession of an Identity Card issued by the Delhi Vidhan Sabha. Tripathi’s brother-in-law had his Aadahar Card which was bearing the address of MLA’s Office. All the arrested accused persons confessed during the investigation that Rs 33 lakh cash was given by Tripathi to return to husband of the aspirant.
The Anti-Corruption Bureau (ACB) had registered an FIR against Tripathi and three of his acquaintances on the complaint lodged by the husband of the woman aspirant under the relevant provisions of the Prevention of Corruption (POC) Act and Indian Penal Code on November 15, 2022.
The ACB claimed that Tripathi was not cooperating during the investigation and did not answer properly the questions asked to him.
"The name of Wazirpur AAP MLA Rajesh Gupta also cropped up during the investigation. It was alleged that Rs 20 lakh was paid to Gupta at the behest of Tripathi," the office note said.
The Electoral Ward 69, Kamla Nagar, Delhi for which the alleged bribe money was paid is located in the Assembly constituency of MLA Tripathi and his recommendation for candidature of Councillor Ticket was crucial.
The LG, while referring the matter to the Speaker of the Delhi Legislative Assembly, noted that the "Speaker" was the competent authority to grant prosecution sanction in the present case, as the accused is a sitting MLA.
The Supreme Court judgment in P V Narasimha Rao versus CBI (1998) case also held that the Speaker’s sanction is needed for the prosecution of MPs and MLAs for offences made under the POC Act as they are the public servants for the purpose of the POC Act.