Don't insist on appearance of Chief Secy, HC tells panel

09 March, 2018, 07:58 | Author: Sherman Richardson
  • AAP MLA Prakash Jarwal

Delhi High Court on Wednesday termed as "unfortunate" an alleged assault on Chief Secretary Anshu Prakash by ruling legislators and said the trust among bureaucrats and legislators was vanishing.

The MLAs moved their bail applications in the High Court after a sessions court had also denied bail to Jarwal, who had challenged the magisterial court order. By hook or crook, the chief secretary is being harassed. Justice Rajiv Shakdher asked the assembly committee, which has issued notice to the top bureaucrat, not to insist on his appearance and said the panel's move seemed to be an attempt to circumvent the process of law. "Is it not a ground to reject the bail plea?" the court said when it was informed by the bureaucrat's counsel that he has been served with a notice by the Privileges Committee of the Delhi Assembly asking him to appear before it with regard to a complaint made against him.

He further said issuance of notice amounts to overreaching the process of law and it was a contemptuous act as it should not have been done when the matter pending before the high court. Tell your client that it is coming out as if you are trying to circumvent the process of law. "Wait for the outcome of the main petition pending in the high court", Justice Shakdher told the assembly counsel.

The court said it was concerned that if "a person" can be assaulted in the presence of the Delhi chief minister and the deputy chief minister, what will happen at other places.

The court suggested to the committee to withdraw the March 6 notice, in which it had asked the chief secretary to appear before it on Thursday.

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The court's remark came while hearing the bail plea of Deoli MLA Prakash Jarwal, who was arrested on 20 February in connection with the chief secretary's assault case.

The counsel for the panel, however, submitted that the notice can not be withdrawn as it has been issued against two other officers also.

The court, which has called for a file relating to Jarwal's previous criminal case, would resume the hearing on his bail plea after some time.

The two MLAs are in 14 days' judicial custody, which ends on Thursday.


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