Senior BJP leader Vijender Gupta and city Police Commissioner have been asked by the Delhi high court to respond to a state government's plea against last week's order to lodge the FIR against Chief Minister Sheila Dikshit for alleged misuse of government funds in 2008.
Issuing notices to Gupta and the police chief, Justice Sunil Gaur sought their response by September 19 to a Delhi government's plea for quashing of August 31 order passed by the trial court for registration of FIR against Dikshit and other officers for alleged misuse of public funds in an advertisement campaign ahead of 2008 assembly polls.
On the petitioner's plea for grant of stay on the trial court order, Justice Gaur said he would pass a detailed order later.
Appearing for the state government, Additional Solicitor General Siddharth Luthra contended that Gupta, while filing the complaint against Dikshit and while seeking registration of FIR, has relied only on Lokayukta report otherwise there is no material against her and the officers directly.
"The complaint is a politically motivated and frivolous one. There is no direct material except Lokayukta report against the Chief Minister and other officers," the senior law officer of government argued.
Seeking quashing of the order, the counsel said "can you allow the officers of the state to be harassed in this manner? The State has come here because the officers have been effected."
Opposing the plea, Gupta's counsel Sanjay Jain questioned the locus standi of the government and said the "Chief Minister is not here. How the State is affected by the trial court's order? The State should be impartial. Preventing police from probing the fact is not desirable in the interest of justice."