Chief Minister Arvind Kejriwal and his deputy Manish Sisodia moved the High Court on Tuesday challenging a trial court’s order directing that prosecution in the Chief Secretary Anshu Prakash assault case be conducted by an officer of Delhi Police not below the rank of ACP.
Mr. Kejriwal and Mr. Sisodia, who have been summoned as accused in the assault case, has also challenged the order permitting two advocates to conduct the prosecution on behalf of the officer of Delhi Police instead of regular public prosecutor.
The High Court is likely to hear the plea on Thursday. A trial court here had on October 22 allowed Mr. Prakash’s plea seeking direction to conduct the prosecution through the counsel nominated by the Delhi Police and not through lawyers empanelled with the city government.
The criminal case relates to alleged assault on Mr. Prakash during a meeting at Mr. Kejriwal’s official residence in February. The plea in the HC seeks direction to set aside the order of the Additional Chief Metropolitan Magistrate and that prosecution in the case be allowed to be conducted by the public prosecutor before the trial court.
Mr. Prakash had told the trial court that the police had nominated three well-reputed and experienced counsel for appointment as Special Public Prosecutors and their consent had also been obtained. Despite recommendation by the officers of the Home Department, the request of the police was rejected by the Home Minister, GNCTD, on grounds that the case did not disclose any special features, he had said.
The plea was opposed by the police in the trial court claiming that the complainant — Mr. Prakash — had not shown any “actual bias” but only an unfounded apprehension of bias and the other cases of similar accused persons have been conducted regular prosecutors and no bias has been reported.
On October 25, Mr. Kejriwal, Mr. Sisodia and nine other AAP MLAs were granted bail by the trial court in the assault case.
