The Supreme Court said that the Delhi police's plea does not hold merit.
The Supreme Court today refused to interfere with the Delhi High Court order directing the Delhi Police to provide a statement of one of the witnesses in the 2018 case related to the alleged assault of then Chief Secretary Anshu Prakash, to Chief Minister Arvind Kejriwal. "It might be a political hot potato, but legally nothing," the bench observed while dismissing the plea.
"Investigating agency has to be fair. It is a written statement. If something is beneficial to the accused he has to benefit it. Allow the criminal law to run its course," the bench of Justices DY Chandrachud and MR Shah said.
Additional Solicitor General Aman Lekhi, appearing for the Delhi Police, tried hard to persuade the Judges, but was told that the case does not hold merit. "Do not labour hard. There is nothing in the case," the court said.
Last year, the Delhi High Court had set aside a sessions court order rejecting the plea of Mr Kejriwal and his deputy, Manish Sisodia, to provide the statement of one of the witnesses in the 2018 alleged assault of Mr Prakash, who was then Chief Secretary.
The Delhi Police challenged the order in Supreme Court arguing that police diary cannot be given to the accused. Pleading that the High Court order will have a huge impact, the police appealed that such request should not be allowed by the court.
The criminal case relates to an alleged assault on Mr Prakash during a meeting at Mr Kejriwal's official residence on February 19, 2018.
Anshu Prakash was later transferred to the Department of Telecom.
The alleged assault had triggered a bitter tussle between the Delhi government and its bureaucrats.