CBI asked to release documents seized during Delhi CMO raids

The court also specifically observed that the documents seized by CBI during raid were not related to the case.

“After Wednesday’s CBI court order directing release of docs seized from Chief Minister’s Office, Prime Minister’s Office (PMO) owes an explanation to the nation, since CBI reports to the Prime Minister,” said Kejriwal in a tweet after the court order. The agency equipped with a search warrant had raided the office of the CM’s Principal Secretary Rajender Kumar on December 15 2015 and seized some documents from there.

The court also pulled up the agency for registering the FIR against Kumar without material evidences and proper ground work. “The search order does not authorize CBI to seize documents which are unrelated to the case. Court has the power to refrain CBI from abusing its authority during search. CBI, under the garb of search warrants, cannot seize documents which are not in any manner related to case,” said Rahul Mehra, senior standing counsel of the Delhi government.

“Directions have been given to release the documents,” said CBI Judge Ajay Kumar Jain in his 34-page order. In the plea before the court, the Delhi government contended that the sole objective of the raid at said premises was “malafide intrusion, obstruction and dislocating the work of government of NCT of Delhi as such and cause immense harm, juxtaposed with the state’s functions to secure societal reforms, welfare, security and privacy. Deputy Chief Minister Manish Sisodia too sought stringent action against erring CBI officials responsible for raiding “malafidely” the office of the Chief Minister and seizing documents which cause immense dislocation of work.

Earlier on December 23 last year, the court had directed that photocopies of the files mentioned in the government’s plea be supplied to it by December 28 last year. CBI had registered a case against Kumar and others on allegations that he had abused his official position by “favouring a particular firm in the last few years in getting tenders from Delhi government departments”. In all, CBI had carried out searches at 14 places connected with Kumar in Delhi and various locations in Uttar Pradesh.