In a setback to AAP government, Delhi High Court today overturned the trial court decision directing CBI to return original documents seized during raids at Delhi Chief Minister Arvind Kejriwal's principal secretary Rajendra Kumar's office, saying the lower court had "exceeded its jurisdiction".
Justice P S Teji said the observations of the special judge in his January 20 order, directing CBI to hand over the original documents to Delhi government, were "neither justifiable nor desirable" and tantamounted to "unnecessary interference in the investigation".
The high court said "It is against the principle of privacy, as the investigation which is the sole domain of the Investigating Officer (IO) and his mindset need not be disclosed during the pendency of the investigation and required to be disclosed only at the time of filing the charge sheet before the court."
"Admittedly, the documents asked to return are voluminous and are the subject matter of investigation which is on initial stage. Direction given in the impugned order (of trial court) to disclose the relevancy of the documents is neither justifiable nor desirable nor sustainable in the eyes of law at this stage.
"It would be pertinent to mention that such inquiry in the open court or in the reply would hamper the entire investigation and amount to unnecessary interference in the investigation. ... Needless to say that the court has ample power to consider the relevancy of the documents filed along with the charge sheet by the IO on the completion of investigation. The court is always empowered to release the unrelied documents by the investigating agency," it said.
The court's order came on the plea of CBI challenging the January 20 order, claiming that the trial court's decision would interefere with the probe which was at the initial stage.
The Delhi government had countered CBI's contention, saying the agency had picked up documents "which have nothing to do with the investigation and it is hampering the government's functioning".
CBI had raided office of Kumar on December 15, last year and registered a corruption case against him and others alleging that he had abused his official position by "favouring a particular firm in the last few years in getting tenders from a Delhi government department".
