Outlook India: New Delhi: Tuesday, September 8, 2015.
Delhi government today got a jolt from a court here which turned down its notification appointing a special public prosecutor (SPP) in the Rs 100- crore transport scam case, observing that the LG-appointed SPP would conduct proceedings in the matter.
The court dismissed an application filed by advocate B S Joon who said that being appointed by the AAP government, he was entitled to conduct prosecution of the case in which Anti-Corruption Branch (ACB) had filed charge sheet last week.
His plea for supply of documents was not accepted by the court, which approved the appointment of lawyer Sanjay Kumar Gupta by Lt Governor Najeeb Jung to conduct the prosecution.
"The application filed by B S Joon is dismissed in view of Article 239AA of the Constitution (special provisions with respect to Delhi)," Special Judge Poonam Chaudhry said while pronouncing the order.
The ACB had on September 3 filed its charge sheet in the court naming nine persons, including two IAS officers, as accused in the case. The court has fixed September 26 for consideration on the charge sheet.
During the hearing, the respective SPPs appointed by the Delhi government and the LG were at loggerheads with both trying to convince the court that their appointment was valid.
Advancing his arguments, Joon said the prosecutor in any case is always appointed by the State government and not any other authority and the notification in this regard is issued by the Department of Home of the State.
Joon said a notification has been issued by the Delhi government appointing him as the SPP in the case and nothing has been issued in favour of Gupta. He also cited Supreme Court judgements in support of his arguments.
He added that ACB was part of vigilance department of Delhi government which is competent to appoint SPP here.
His arguments were opposed by Gupta who cited Article 239AA of the Constitution and said Delhi is not a complete state but a union territory where LG has the power to appoint SPP in a case.
He said Police Station ACB is in direct control of LG and as his orders have been passed by LG, he is the competent person to be appointed as SPP in this case. (More)
While Gupta was appointed SPP by the LG on September 4 to conduct prosecution of the case in the court, Joon was appointed SPP by the Delhi government on September 3.
The case was registered by ACB pursuant to a complaint by RTI activist Vivek Garg alleging that the contract for lane test of commercial vehicles before grant of fitness certificates was granted by the Delhi government to ESP India without inviting any tender in 2002 and necessary tests were not being conducted by the company.
Garg had sought registration of FIR against then Chief Minister Sheila Dikshit, former Transport Minister Arvinder Singh Lovely, former Transport Commissioner R K Verma and ESP India. ACB, however, had given a clean chit to Dikshit and Lovely, saying no irregularity was found on their part.
In the charge sheet, ACB has named India-based director of ESP USA, Nitin Manawat, Puran Chand Tamta, CEO of Tambros India Ltd, an alliance partner of ESP India, Joginder Sharma, a former Deputy Commissioner posted at Vehicle Inspection Unit (VIU) at Burari, transport officials M A Usmani, V K Gupta and Ashok Gupta. These persons were earlier arrested by the ACB in 2013 and are now out on bail.
It also chargesheeted two IAS officers-- former transport commissioners R K Verma and R Chandramohan-- and J P Sharma in the case. While M A Usmani, Ashok Gupta are retired deputy commissioners (transport), V K Gupta is retired retired joint commisioner (transport).
The charge sheet was filed for offences punishable under the Prevention of Corruption Act and the IPC, including sections 409 (criminal breach of trust by public servant), 420 (cheating), 120B (criminal conspiracy) of the IPC.
ACB had arrested several persons including Manawat and Tamta for allegedly floating a fake firm, ESP India.
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