Delhi High Court directs CBI : 'Don't proceed with probe ordered by Lokpal against MCD'

New Delhi: The Delhi High Court on Wednesday directed the CBI to not proceed with a probe ordered by the Lokpal against officials of the Municipal Corporation of Delhi over certain alleged unauthorised constructions in the city, saying no preliminary investigation was conducted either by the CVC or the anti-corruption authority on the complaint. Justice Prathiba M Singh issued notice on the MCD's challenge to the Lokpal order for a CBI probe and sought the response from the anti-graft ombudsman.

The judge said as per the law, there has to be a preliminary investigation by an agency to ascertain whether a prima facie case is made out to proceed further and, in the present case, no inquiry was conducted by the Lokpal or the Central Vigilance Commission (CVC) before the direction for a CBI probe was issued. The court also said no specific allegations were made against officials of he civic body. The only finding by the Lokpal was that there was massive illegal construction in South Delhi and precise role of the public servants was not forthcoming, the court said. "In the present case, the record would show that the CVC was merely asked to obtain a report from the MCD.

The vigilance report of the MCD has been forwarded by CVC to Lokpal. In effect therefore, there has been no inquiry by CVC or Lokpal at this stage. No specific allegations have been raised against officials concerned or against the MCD and other agencies," said the court. "In the meantime, the CBI shall not proceed with the investigation," it ordered. The court, however, clarified that if a specific complaint is received by the Lokpal against other MCD officials or unauthorised constructions, there will be no interdiction on the authority proceeding as per the law. The court also said it was only expressing a prima facie view in the matter.

The CBI counsel said the agency was yet to register an FIR on the basis of the order of the Lokpal. The proceedings before the Lokpal arose from a December 2021 complaint by Vikram Singh Saini, a former General Secretary of the Samajwadi Yuvjan Sabha, alleging some "illegal constructions" in an area in South Delhi on account of the conduct of certain officials. The MCD and these officials had approached the high court against the Lokpal's order for a CBI probe last year.

The senior counsel appearing for the petitioners argued the proceedings arose from an unsuccessful RTI query by the complainant and the law required the Lokpal to obtain the prior consent of the Delhi government before exercising its jurisdiction. The counsel contended the complaint was not made in the proper format and the Lokpal's order did not contain any reasoning as well. The counsel for Lokpal said notice was issued to the parties concerned before the direction was passed and the basis of the order was a report in the form of a covering letter received from the CVC along with a vigilance report of the MCD.