The Delhi High Court today dismissed a plea for a direction to CBI to register a case of cheating against former Chief Minister Arvind Kejriwal for allegedly misleading the voters by making “false promises” in the poll manifesto.
A bench of acting Chief Justice B D Ahmed and Justice S Mridul rejected the PIL filed by a lawyer saying nothing prevented him from lodging a cheating complaint with the police.
“It is evident that petitioner is seeking investigation under section 420 (cheating) of IPC. There is nothing preventing the petitioner, as a member of public, from going to the police station and lodging a FIR.
“There are ample provisions for this under the criminal procedure code. Accordingly, we dismiss the writ petition,” the court said, after conclusion of heated arguments between the bench and the petitioner advocate M L Sharma.
Sharma, during the proceedings, argued he personally cannot file an FIR as it is not his personal problem but an issue which concerns the general public and as politicians are powerful people, the intervention of the court is necessary.
The court, however, was not impressed and said that under the penal provision whosoever has been deceived should file an FIR, to which Sharma responded that all citizens of Delhi are the aggrieved party and all of them can’t go and file FIRs.
Sharma has alleged in his PIL that Kejriwal had in his election campaign promised to reduce electricity tariffs by 50 per cent when neither Delhi government nor the Lt Governor has the power to do so.
“They (politicians) make promises in their election manifesto and during campaigning but after the polls these are not fulfilled. This amounts to cheating,” Sharma had said.
