Court rejects Kejriwal’s plea in CS assault case

New Delhi: A court here on Wednesday rejected Chief Minister Arvind Kejriwal’s plea for copies of his visuals and statements recorded by the probe agency in connection with an alleged assault on Chief Secretary Anshu Prakash by two Aam Aadmi Party (AAP) MLAs on February 19.

Delhi Police had, on May 18, questioned Kejriwal and sought to know from him the sequence of events on the fateful day.

Additional Chief Metropolitan Magistrate Samar Vishal rejected Kejriwal’s plea and said that there is no specific provision for providing a copy of the statement to a witness, whose statement has been recorded by police.

“The investigation agency is not obligated under the law to give the person a copy of his recorded statement, more particularly when the status of that person is not clear — that is, whether he will be made an accused or a witness, and further when the agency is of the view that handing over any such statement will be prejudicial to its investigation,” the court said.

The court also noted that the right of the accused to get a copy of the documents from the prosecution accrues after a police report is filed and he is summoned as an accused.

Kejriwal had sought directions to the case Investigating Officer to supply a copy of the CD of his statement recorded by police on May 18. Kejriwal told the court that the Delhi Police had videographed the proceedings.

He told the court that later that day, the police told the media that the Chief Minister had evaded certain questions by not giving specific and proper answers, which according to him is “factually incorrect”.

Kejriwal alleged that the police conduct indicated that they could go to any extent to frame him or other AAP leaders in the case or tamper with his statement as a witness in the case.

Delhi Police opposed the plea, saying it is not maintainable.