The Delhi High Court on Thursday issued a notice to former chief secretary Anshu Prakash and sought a reply from the latter with regards to his alleged assault.
The Court has fixed December 17 as the next date for the hearing.
During the hearing, senior advocate Hariharan, who was appearing for Kejriwal and Sisodia, said that many cases going on between the Delhi Chief Minister and the State are handled by the same regular public prosecutor, hence allowing a special public prosecutor in the case is against the law.
The petition by Kejriwal also challenged the direction that prosecution in the Anshu Prakash assault case is conducted by an officer of the Delhi Police, not below the rank of Additional Commissioner of Delhi Police.
On October 23, a Delhi Court had allowed the plea of Prakash seeking appointment of a Special Public Prosecutor (SSP) in his alleged assault case.
The court directed the Delhi Commissioner of Police to appoint an officer, not below the rank of Additional Commissioner of Police, who has not been involved with the investigation of this case.
It also said that advocates Siddharth Agarwal and V Madhurkar will be permitted to conduct the prosecution on behalf of the police officer, as long he is not appointed.
Last week, the court reserved its order on the Chief Secretary's plea. Prakash had moved the application in his personal capacity requesting that the prosecutor in the case be changed and a Special Public Prosecutor is appointed.
The assault case dates back to February 20, when Prakash was allegedly attacked at Kejriwal's residence by two lawmakers. Prakash had also lodged a police complaint saying he was manhandled in the presence of Kejriwal after being summoned to discuss Aadhaar-related problems.
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