CS cannot be harassed for pursuing complaint, says Delhi HC

The Delhi High Court today said that Chief Secretary Anshu Prakash cannot be harassed through notices by Assembly committees for pursuing his complaint for allegedly being assaulted by AAP MLAs during a meeting.
Justice Mukta Gupta said it is a very "unfortunate situation where the State and the officers feel unsafe and are being threatened by each other".
The court's observations came while hearing the bail plea of AAP MLA Prakash Jarwal, who was arrested on February 20 for allegedly assaulting the chief secretary during a meeting at Chief Minister Arvind Kejriwal's residence here on the night of Februaru 19.

The court, which reserved its order on Deoli MLA Jarwal's bail application, also issued notice and sought a status report from the Delhi Police by March 12 on the bail plea of AAP MLA Amanatullah Khan, who is also in custody in the case.
"You cannot harass a complainant like this. By hook or crook, the chief secretary is being harassed. Is it not a ground to reject the bail plea?" the court said when it was informed by the bureaucrat's counsel that he has been served with a notice by the Privileges Committee of the Delhi Assembly asking him to appear before it with regard to a complaint made against him.

The high court had earlier in the day questioned the law and order situation in the capital while hearing the bail plea of one of the MLAs.

The court said it was concerned that if "a person" can be assaulted in the presence of the Delhi chief minister and the deputy chief minister, what will happen at other places.
The court had on March 1 issued notice to the Delhi Police on Jarwal's bail plea and sought a status report in the matter.
Okhla MLA Khan, who was also arrested in the case on February 21, had yesterday moved his bail application in the high court.

Jarwal and Khan are in 14 days judicial custody, which ends tomorrow, in connection with the assault case.
A magisterial court had earlier denied bail to both of them, saying the matter cannot be treated in "a casual and routine manner" while dubbing them as "history-sheeters".
Jarwal had then moved a sessions court and was again denied the relief with the court saying the situation could not be more alarming when lawmakers do not respect the rule of law.