CNG scam: HC refuses to pass interim order on accused plea

The Delhi High Court today refused to pass an interim order on a plea of an accused in the CNG fitness certificate scam seeking quashing of the notification to set up an inquiry commission.
"No interim orders. It is a petition, similar to others matters before the court. This petition will be taken up with other similar matters," a bench comprising Chief Justice G Rohini and Justice Jayant Nath said, while issuing notice to AAP government in Delhi and the Centre.
Senior advocate Sidharth Luthra appearing for petitioner M A Usmani, a DANICS cadre officer who was arrested in a FIR registered by Anti-Corruption Bureau, sought interim stay on the establishment of the probe commission saying no prior approval of the Lieutenant Governor (LG) was taken before the notification was issued.

He said that LG has already chosen not to act in the case by denying the prosecution sanction while Ministry of Home Affairs (MHA) has also opted not to act in the matter.
Luthra said that besides this, the notification issued on August 11, 2015 by the Delhi government to constitute the commission of inquiry to investigate the CNG fitness scam was violative of the laid down procedures and against the provisions of law.
The bench, however, said notice was being issued to all the respondents and the matter could be heard in detail on September 23 when other petitions also come up for hearing. It asked all respondents to file their reply within two weeks.

"It is submitted that the impugned decision are liable to be set aside since they smack of usurption of jurisdiction by Respondent number 3 (Delhi govt) and is in complete violation and against the scheme and spirit of Commission of Inquiry Act, the GNCTD Act and Transaction of Business Rules," the plea filed by Usmani said.
Usmani was posted as Deputy Commissioner Transport for Delhi government when he was arrested by the ACB. He remained in custody for 58 days, following which he was granted bail.
On August 19, a retired transport department inspector Rajendra Prasad had also moved High Court seeking quashing of notification for commission of inquiry into the CNG fitness certificate scam.