"The case in hand is intriguingly inscrutable": Delhi court on MCD funds misappropriation

A Delhi court on Friday declined to set aside an order directing the Delhi Police to file a first information report (FIR) on the misappropriation of public funds in the Municipal Corporation of Delhi (MCD) between 2017 and 2018.

Dharmender Rana, an Additional Sessions Judge, noted that the Delhi government was doing every effort to refute the complainant's claims.

The court stated that it hurts them to see how mysteriously intriguing the state's actions in this case have been.

"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.

The Court went on to say that it does not comprehend why the state appears to be so opposed to efforts to allow the skeletons in the closet to come out into the open.

The court also stated that the Additional Public Prosecutor was putting up every effort to nullify the trial court's attempt.

It was stated in the order that the state is attempting to establish a special public prosecutor to challenge the trial court's attempt.

"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," the order read.

In order to ensure a fair investigation, the court instructed a senior police officer and asked the trial court to oversee the inquiry into the claims made against senior public officials.

"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.

According to case files, an audit committee looked into the claims and discovered a 97.64 lakh rupee misappropriation of funds.

The fund was allegedly embezzled by MCD personnel and not deposited in the State treasury. It was obtained through fines imposed for the towing of vehicles, licence fees, fines on street vendors, etc.

"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," the court noted.

It added: "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."