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HIGH COURT OF DELHI
W.P.(C) 4642/2024 & C.M.No.19018/2024
SURJIT SINGH YADAV ..... Petitioner
Through: Mr.Shashi Ranjan Kumar Singh
Through: Mr.Chetan Sharma, ASG
Yadav, Mr.Amit Gupta, Mr.Vikramaditya Singh, Mr.Akhil
Hasija and Mr.Saurabh Tripathi, Advocates for R-1/UOI.
Mr.Vivek Gurnani, Advocate for R- 2/ED.
Mr.Santosh Tripathi, standing counsel
Mr.Rahul Mehra, Sr.Advocate
Abdul Rahman, Mr.Sreekar Aechuri and Mr.Chaitanya Jain, Advocates for
R-4 & 5.
Date of Decision: 01st April, 2024
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
1. Present writ petition has been filed by the petitioner seeking directions to the respondent nos.[1] to 3 to restrain the respondent no. 4 (Mr.Arvind Kejriwal) from issuing any directions/orders while in the custody of respondent no. 2-Directorate of Enforcement and to further direct it not to provide any typist, computer, printer etc. to the respondent no.4 and investigate as to how directions/orders issued by the respondent no.4 reached respondent no.5-Ms.Atishi.
2. Learned counsel for the petitioner states that the respondent no. 4 who is in the police custody of the respondent no.2 since 22nd March, 2024 has been issuing directions/orders in the capacity of the Chief Minister of NCT of Delhi.
3. Learned counsel for Directorate of Enforcement, who appears on advance notice, states that the Directorate is seized of the issues raised in the present writ petition. He has handed over a Note to this Court on the said issues dated 01st April, 2024. The same is taken on record.
4. Since the respondent no.4 is in the police custody by virtue of the order passed by the Special Judge (PC Act), CBI-09 (MP/MLA Cases), Rouse Avenue District Court, New Delhi, this Court directs the respondent no.2 to bring its comments/note by way of a status report to the notice of the Special Judge, who is directed to pass appropriate orders in accordance with law, if any. It is clarified that this Court has not commented on the locus standi of the petitioner and/or merits of the allegations that have been made by the petitioner. The merits of the allegation shall be examined by the Special Judge (PC Act), CBI-09 (MP/MLA Cases), Rouse Avenue District Court, New Delhi.
5. With the aforesaid direction, the present writ petition along with the application is disposed of.
ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J APRIL 1, 2024