No order on CBI plea against return of papers

Justice PS Teji, however, issued notice to the Delhi government and IAS officer Rajendra Kumar on the agency’s plea seeking quashing of the trial court order that castigated the CBI for flouting its own manual by seizing documents without showing how they were related to the graft case. 

“Notice to respondents (Delhi government and Kumar). They may file reply by 11 am tomorrow. The petitioner CBI will file their response by January 23. The matter shall be heard on Monday,” the bench said on Thursday. 

The direction came on a plea filed by the CBI against trial court’s order, which said the Special CBI Judge has failed to appreciate that Delhi government has already obtained photocopies of the documents seized and thus the order of returning the documents is “wholly misconceived”. 

The high court, which initially appeared inclined to grant stay on the trial court’s order, refrained itself after senior advocate Dayan Krishnan, appearing for AAP government, opposed any interim order on the plea. 

As the CBI kept pressing for a stay on the special court order, Krishnan said, “I am opposing the interim order and Delhi government should be heard before granting any relief.” Hearing this, the court said, “I want your reply black and white. Why to keep the petition pending for two days or ten days. File your reply today and I will decide it finally.” 

The Delhi government’s counsel said they will file their response by Friday. 

Meanwhile, advocate Sonia Mathur, appearing for CBI, urged the court to allow the agency to file documents in a sealed cover before the court, which was opposed by the Delhi government.