Raid on Kejriwal's Principal Secretary: Court says CBI 'utterly failed' to comply with mandatory provision in its probe

New Delhi: CBI's investigation in an alleged corruption case involving Chief Minister Arvind Kejriwal's principal secretary Rajendra Kumar has come under the scanner of a special court which said the agency has "utterly failed" to comply with the mandatory CrPC provision in its probe.

The court also said that it was not informed by the agency about the freezing of bank accounts of a company and CBI had admitted it after one month in its reply filed on a plea by the firm, M/s Laxmi Enterprises, seeking defreezing of three bank accounts.

Proprietor of M/s Laxmi Enterprises, Dinesh Kumar Gupta, is also the Director of M/s Endeavour System Pvt Ltd (ESPL), a firm which is under probe by CBI in the graft case allegedly involving Kumar.

Special CBI Judge Ajay Kumar Jain also observed that till date, the agency is unable to show even prima facie that the frozen bank accounts of the firm have any direct links with the commission of alleged crime.

"Furthermore, there appears to be no compliance of section 102(3) CrPC by CBI in present case. As per the mandate of this section, every police officer acting under sub section (3) shall forthwith report the seizure or attachment of accounts to the magistrate having jurisdiction," the judge noted.

"From the record, it is clear that after freezing the account on December 18, 2015, CBI has not informed this court ... CBI first time admitted freezing of the bank account of the applicant firm in its reply dated January 18, 2016 to this application," the court said in its order.

"It is surprising that with this application also the CBI has not annexed the letter which it had written to the bank for freezing of account of the applicant firm. CBI does not find it at all necessary to inform the court about the freezing of the present accounts," it said, adding, "The CBI, in present case, utterly failed to comply the requirements of sub section (3) of 102 CrPC." Section 102 of CrPC pertains to power of police officer to seize certain property during the probe. It directed the bank, where these accounts are maintained by the company, to defreeze these three accounts subject to furnishing of a bond of Rs one crore along with the requisite security documents to the satisfaction of the court. It also asked the proprietor of firm to join the probe as and when required by the CBI.

Earlier on January 20, the CBI was directed by the court to return the documents sought by the Delhi government seized during the December 15 last year raids.