The Delhi High Court on Wednesday said former Chief Minister Sheila Dikshit will have to defend herself in a graft case and did away with the Delhi government pursuing the appeal filed by her administration in 2013 against a trial court order for lodging an FIR against her.
A day before resigning, the Arvind Kejriwal government had on February 14 moved the High Court, seeking to take back the appeal filed by the then Congress government headed by Dikshit.
Dikshit had moved the High Court, opposing the plea of the Kejriwal government and had also sought her impleadment in the matter.
Justice Sunil Gaur allowed the petition filed by the AAP government that the state should not pursue the appeal and, at the same time, permitted Dikshit to be impleaded as a party and she be substituted as a petitioner in the main petition challenging the trial court order.
Upon hearing both sides on these applications, I find that in the main petition seeking quashing of order dated August 8, 2013, and August 31, 2013 is sought. Vide order of August 8, 2013, a fresh report was sought from concerned SHO in the complaint case regarding steps taken in pursuance to the complaint made to the concerned SHO and vide order of August 31, 2013, a direction has been issued to register FIR on the complaint of June 6, 2013, against known and unknown persons, the court said.
It is apparent from the complaint in question that prosecution of Sheila Dikshit, the then chief minister of Delhi, was sought in the complaint in question on the basis of report of Lokayukta, Justice Gaur said.
In above background, application of the petitioner-state (AAP) is allowed and petitioner is permitted not to pursue this petition. However, in the facts and circumstances of this case, application of Dikshit is allowed and she is substituted as petitioner in the main petition, the court said.
The AAP government had said Dikshit will have to defend herself as she was no more the CM and the government lacked the locus standi to fight for her.