Investigating agency told to file a reply by July 26
NEW DELHI: The Delhi High Court, on Monday, issued notice to the Central Bureau of Investigation (CBI) on a petition by Abhishek Verma, challenging his arrest in the Navy War Room leak case. The notice also demanded the quashing of a Delhi court order remanding him to police custody.
Justice A.K. Sikri of the High Court directed the investigating agency to file a reply to the petition by July 26.
Chief Metropolitan Magistrate Seema Maini on July 22 remanded Verma to 10 days' police remand in the case.
Arguing for the accused in the High Court, Siddharth Luthra submitted that the investigating agency had no power to investigate or arrest the petitioner after the Chief Metropolitan Magistrate took cognisance of a complaint filed by the CBI in the case.
He said a CBI Superintendent of Police had filed a complaint against the other accused in the case on July 1, and on July 10 the CMM took cognisance of it.
Mr. Luthra further submitted that his client, through his counsel, also submitted before the CMM that there was no provision in the Criminal Procedure Code (Cr.P.C.) for further investigation in complaint cases and that since the CBI had no power for further investigation, the arrest of the petitioner was illegal. Hence, he should be released immediately, he added.
But CMM failed to appreciate the argument, Mr. Luthra said.
Mr. Luthra urged Mr. Justice Sikri to remand Verma to judicial custody till the disposal of his petition but the Judge rejected the plea.