No cognizable offence made out against CM: Delhi police

Delhi police on Saturday told a court that prima facie "no cognizable offence" is made out against Chief Minister Sheila Dikshit in a complaint alleging misuse of Rs 22.56 crore in government funds for an advertisement campaign before the 2008 assembly polls.

Police filed a fresh status report in the court of Special Judge Narottam Kaushal, stating that the complaint made by Bharatiya Janata Party leader Vijender Gupta is "premature" and the FIR was not registered, as there was no cognizable offence.

The court has now fixed August 27 for hearing arguments.

"On an examination of complaint and annexure thereto, no cognizable offence, prima facie, appears to be made out. In order to have an independent assessment, an opinion of Directorate of Prosecution was sought who has affirmed on August 5, 2012 that the view taken by the undersigned (SHO of IP Estate police station) that no cognizable offence is made out is correct since there are no norms/guidelines for circulation of government ads...

“...On the facts alleged it cannot be assumed that there is any breach thereof or that any offence is committed," the report said.

It added that though in the Lokayukta's report of May 22, 2013, it was clearly stated that there are no such norms, police had written a letter to the Delhi government on June 14 to supply norms/guidelines, if any.

The report also said the President, being the competent authority, has not taken any decision on the Lokayukta's recommendation till date.

"The findings/recommendations of Lokayukta are only advisory in nature. The President of India being the competent authority has not taken any decision on the recommendation till date as learnt from the government of NCT of Delhi.

It said the complaint is on the basis of the recommendation of Lokayukta only and no other evidence or record has been produced by the complainant in support of the allegations.

Police said Lokayukta's report is under consideration of the competent authority, "Hence, in view of the same, no cognizable offences prima facie are emerging out as the allegations in the complaints are cryptic in nature and not specific. Moreover, the complaint is premature".

Earlier, the court had asked police to a file fresh status report, saying the previous one had not disclosed steps taken by the investigating agency on allegations made in the complaint by the BJP leader.

Gupta, through advocate Anil Soni, had earlier also filed a complaint before Delhi Lokayukta Justice Manmohan Sarin, who had on May 22 indicted Dikshit for allegedly misusing government funds for carrying out an advertisement campaign with a 'political purpose' ahead of the last assembly polls.

The complaint said the Lokayukta had also recommended to President Pranab Mukherjee to caution Dikshit for the alleged misuse of public funds and to 'advise' her to reimburse either herself or through her party Rs 11 crore as half of the cost of the advertisements in 2008 or any amount the President finds adequate.