New Delhi: The Supreme Court Tuesday junked a plea by a Chandigarh-based dentist challenging a Delhi High Court order, which refused to entertain his plea for prosecuting former Delhi Police commissioner Rakesh Asthana under the Prevention of Corruption Act based on his complaint.
A bench comprising justices Sudhanshu Dhulia and Prasanna Bhalachandra Varale was hearing a plea filed by Mohit Dhawan against the high court order.
The bench said, “No interference is called for under Article 136 of the Constitution.” Article 136 refers to the discretionary powers of the Supreme Court to allow special leave petitions.
In February 2021, the High Court had dismissed Dhawan’s plea seeking directions to the Centre, Central Vigilance Commission and Central Bureau of Investigation (CBI) to investigate and launch criminal prosecution on his complaint against Asthana. The High Court had rejected the plea with a cost of Rs 20,000 on the petitioner in favour of the Delhi High Court Legal Services Committee.
Dhawan’s plea in the apex court contended that the High Court erred in not recognising that the CVC failed in performing its constitutional duty by just sitting over his criminal complaint against Asthana under the Prevention of Corruption Act.
The plea submitted that the high court had not appreciated that both the CVC and CBI have failed to adjudicate upon the criminal complaints filed by the petitioner.
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