SC orders status quo on HC\'s direction for lodging FIR against former Delhi CP

SC orders status quo on HC's direction for lodging FIR against former Delhi CP

Press Trust of India  |  New Delhi 

The Monday asked the Police to maintain "status quo" with regard to the High Court's direction asking it to against former police and others.

The case pertains to an incident in 2001 when Kumar was posted as a in the and relates to alleged fabrication of documents of a case.

On Monday, the matter came up for hearing before a bench of Bobde and S A Nazeer.

The bench was told that in this matter, a division bench of high court had delivered its verdict on March 13 on the letter patent appeal (LPAs) filed against its order of 2006 which was passed in a criminal writ petition.

The top court said it would deal with a larger legal issue as to whether LPA, also known as intra court appeal, would lie before a division bench of the high court against its own order of a bench, that too in a criminal writ petition.

When one of the lawyers referred to the facts of the case and said that has examined it thrice, the bench said, "We are not on the merits of the matter".

The bench observed that it might ask the to give his view in the matter.

"We are not asking anybody to eat humble pie. We are only asking whether it can be sorted out," the bench said, adding, "If the dispute can be settled by taking a particular view of the CBI Director, we can see then."

When the bench said it would hear the parties on the legal issue, the appearing for one of the petitioner said that till then, the FIR should not be registered.

The said that 2006 order of the of the high court directing the police to against the police officials was stayed by the division bench till this year.

Tushar Mehta, appearing for CBI, told the court that it is "demoralising for officers that FIR will be lodged against them for conducting raids".

"We are saying status quo till further orders," the bench said and also issued notice to the on the plea filed before it.

The bench has posted the matter for further hearing on April 29.

On March 29, two apex court judges including had recused themselves from hearing the matter.

A division bench of the high court had on March 13 dismissed the appeals against a 2006 order of its single-judge bench that directed the police to lodge an FIR against Kumar and then CBI

"On June 26, 2006, the writ Court had directed for registration of FIR and proceed with the investigation immediately and conclude it within two months. This order has not been given effect to till now.

"Accordingly, we direct for registration of the FIR forthwith and conclude the investigation within a period of two months as directed by the writ court," the division bench had said in its order.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, April 01 2019. 17:35 IST