State is averse to bringing skeletons out of closet: Delhi court on government opposing probe into MCD funds embezzlement

A Delhi court recently refused to set aside an order directing the Delhi Police to register a first information report (FIR) and investigate allegations of embezzlement of public funds in the Municipal Corporation of Delhi (MCD) during 2017-2018 [Kuldeep v. State]..Additional Sessions Judge Dharmender Rana observed that the Delhi government was “making an all out effort” to oppose the complainant’s allegations.“The court is in pains to observe that the conduct of the state in the case in hand is intriguingly inscrutable. They say that 'sunlight is the best disinfectant'. It is incomprehensible as to why the state seems to be so averse to an effort to bring the skeletons behind the closet see the light of the day,” the court said while rejecting a revision petition by a former MCD official..The court further noted that “as if bound by an oath of omerta,” the Additional Public Prosecutor in the case was attempting to make an all out effort to negate the attempt of the trial court to "remove the stink”. “The state instead of supporting the efforts to clean the rot went on to appoint a special public prosecutor to oppose the directions of the trial court. The approach of the state is really unfortunate, to say the least,” underlined the order.The court, therefore, directed a senior police officer to ensure a fair probe while requesting the trial court to monitor the investigation into the allegations against senior public servants. “The contention of the counsel of the complainant that there is something more than meets the eye, seems to bear force. Evidently, the allegations are against senior officers of MCD and the matter pertains to the year 2017-2018, therefore, I deem it appropriate that the matter needs to be brought to the notice of higher echelons of Delhi police,” directed the court. .Case records showed that acting on the allegations of the complainant - an MCD councillor at that time - an audit committee investigated the allegations and found embezzlement of funds to the tune of ₹97.64 lakh. The amount had been collected through fines levied with respect to the towing of cars, licensing fees, fine on street hawkers, etc, and was purportedly embezzled by the MCD employees and not deposited in the State treasury. Following the audit committee's objection, about ₹84 lakh of the amount was deposited by revisionist - a former MCD treasurer - in the treasury. Although the issue was reported to the police, the complainant claimed that no action was taken. The trial court, however, took note of the allegations and ordered an FIR and investigation on May 1, 2019. .Dealing with the arguments of the prosecutor and the revisionist on the locus standi of the complainant, the court noted that the concept was alien to criminal law. “A crime is basically a wrong against the society and thus anybody could put the wheels of law in motion to seek redressal of society's grievances. Moreover, the complainant herein being a public representative was not only empowered but was in fact duty bound to ensure that public money is not embezzled by public officials,” it explained..Similarly, on the point of sanction prescribed under Section 197 of the Code of Criminal Procedure for prosecution of public servant, the court opined that the protection under the provision was "not a license available to the government servant to commit crime with impunity”. “The protection is available only in case if the offence alleged to have been committed is done by the public servant while acting or purporting to act in the discharge of his official duty,” it added..[Read Order]