SC nixes Delhi police petition in CS assault case

New Delhi : The Supreme Court on Thursday dismissed a Delhi Police plea challenging the High Court order directing it to supply the copy of statement of a witness to Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia and 11 other MLAs in the 2018 alleged assault case of then-Chief Secretary Anshu Prakash.

Upholding the High Court’s decision, a bench led by Justice DY Chandrachud told the police that it is the basic principle of natural justice and common sense that the accused must have the copy.

“It might be a political hot potato, but legally it is nothing,” the bench also comprising Justice MR Shah said.

Police pointed out that this is a question of statement not being recorded under 161, and it is an important matter with ramifications elsewhere.

However, the bench junked the plea stating this will not have ramifications.

The criminal case is in connection with the alleged incident on the night of February 19, 2018, in which Chief Secretary Anshu Prakash was allegedly assaulted by AAP MLAs in the presence of Kejriwal at the Chief Minister’s residence, where he had been called for a late-night meeting.

In this case, Kejriwal, Sisodia, and nine other AAP MLAs were granted bail in October 2018. The other two MLAs, Amanatullah Khan, and Prakash Jarwal were granted bail earlier by the high court.

Following the alleged incident, the IAS officers association and the Delhi government had a bitter tussle accusing each other of sabotaging the progress of the state.

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