 "Delhi govt's ACB has the jurisdiction to arrest policemen: HC")
Delhi government's anti-corruption branch has the jurisdiction to arrest policemen, the Delhi High court held today while dismissing bail application of a head constable who was arrested by the ACB in a corruption case.
A bench of Justice Vipin Sanghi disallowed Anil Kumar's bail application saying his submission that the Anti- Corruption Branch (ACB) of the Government of National Capital Territory Delhi (GNCTD) does not have the competence or jurisdiction to act on the complaint of the complainant is rejected.
"Since the applicant is a Delhi Police personnel serving the citizens in the NCTD and the functions of the Delhi Police personnel substantially and essentially relate to the affairs of the GNCTD, in my view, the ACB of the GNCTD has the jurisdiction to entertain and act on a complaint under the PC Act in respect of a Delhi Police officer or official, and to investigate and prosecute the crime," the judge said.
The head constable was arrested on May 2 from the Sonia Vihar police station in Northeast Delhi by the ACB.
Earlier on May 14, the high court had pulled up the Delhi police for questioning the jurisdiction of ACB in arresting Kumar.
He was arrested after a scrap dealer filed a complaint on the anti-corruption helpline 1033 that Kumar had been demanding Rs 20,000 as bribe and threatening to implicate him in false cases.
A bench of Justice Vipin Sanghi disallowed Anil Kumar's bail application saying his submission that the Anti- Corruption Branch (ACB) of the Government of National Capital Territory Delhi (GNCTD) does not have the competence or jurisdiction to act on the complaint of the complainant is rejected.
"Since the applicant is a Delhi Police personnel serving the citizens in the NCTD and the functions of the Delhi Police personnel substantially and essentially relate to the affairs of the GNCTD, in my view, the ACB of the GNCTD has the jurisdiction to entertain and act on a complaint under the PC Act in respect of a Delhi Police officer or official, and to investigate and prosecute the crime," the judge said.
The head constable was arrested on May 2 from the Sonia Vihar police station in Northeast Delhi by the ACB.
Earlier on May 14, the high court had pulled up the Delhi police for questioning the jurisdiction of ACB in arresting Kumar.
He was arrested after a scrap dealer filed a complaint on the anti-corruption helpline 1033 that Kumar had been demanding Rs 20,000 as bribe and threatening to implicate him in false cases.
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