New
Delhi: Former
Chief Minister Sheila Dikshit on Tuesday moved the Delhi High Court to oppose
the plea of the then AAP government to withdraw the appeal filed by her
dispensation against a lower court order to register an FIR against her in a
corruption case.
"Permit applicant Sheila Dikshit to object to the
withdrawal application (filed by Aam Aadmi Party government) and permit Dikshit
to contest the present petition," the plea, which is likely to be taken up
on Wednesday, said.
The Arvind Kejriwal government had on February 14 (when it
resigned) moved the court seeking to take back the appeal, filed by the
previous Congress government, against the decision of a lower court, saying
Dikshit will have to defend herself as she is no more the Chief Minister and
the government lacked the "locus standi" to fight for her.
Opposing
the move, Dikshit, in her plea, said "the said act of the
appellant/petitioner/ state is unconstitutional in as much as there has been no
change in the facts and circumstances of the present case which has
necessitated the state to file withdrawal application."
Seeking the impleadment of Dikshit as a party, the plea, filed
through lawyer Mehmood Pracha, said "the act of the state would adversely
affect the right of Sheila Dikshit as one of the affected parties."
Justice VP Vaish is likely to hear the pleas of the state
government and Dikshit on Wednesday.
The AAP government, which resigned after the controversy over
passage of the Jan Lokpal Bill, had highlighted its stand against corruption
and said the cabinet's decision to take back the appeal was approved by the Lt
Governor.
The previous Congress government had gone to the high court in
September last year against a lower court order to register an FIR against
Dikshit on a complaint of BJP leader Vijender Gupta alleging her administration
misused public funds to the tune Rs 22.56 crore in an advertisement campaign
ahead of 2008 assembly polls.
The order was stayed by the high court. The then AAP government
had in its plea said "the appeal was filed by the petitioner, i.e the
'state' on the premise that it had the locus (standi) to defend Dikshit who was
the then chief minister of Delhi.
"In view of changed circumstances and formation of new
government, the then chief minister ceases to hold the post and, therefore, the
state i.e government of National Capital Territory of Delhi no longer has the
locus standi to continue the prosecution of the present petition on her
behalf."
The government has taken a decision "not to defend any of
its functionaries" involved in corruption case, the plea had said.
A special judge had on August 31, last year, ordered
registration of FIR against Dikshit and others for offences including criminal
breach of trust (section 409 IPC), criminal misappropriation of public funds
and criminal misconduct under provisions of the Prevention of Corruption Act.
The order had come on separate complaints filed by BJP leader
Vijender Gupta and RTI activist Vivek Garg against Dikshit. Both of them had in
their complaints alleged Dikshit misused government funds to the tune of Rs
22.56 crore in an advertisement campaign ahead of the 2008 assembly polls.
The complaints said that in 2007-08, Dikshit was also minister
in-charge of information and publicity when the alleged misuse of funds had
taken place.
"It was an election year. A number of government
advertisements were published in the form of publications of advertisement in
newspaper.
"A large number of hoardings showing pictures of UPA
chairperson Sonia Gandhi and Sheila Dikshit all over Delhi Metro, bus shelters
and also in form of radio jingles, TV spots etc. by misusing the government
machinery and public funds burdened the state exchequer in carrying out
campaign of Congress party for her own political gains," one of the
complaints had said.
The BJP leader had said he had filed a complaint before Delhi
Lokayukta Justice Manmohan Sarin who had recommended to President Pranab
Mukherjee to caution Dikshit for alleged misuse of funds and to 'advise' her to
reimburse either herself or through her party a sum of Rs 11 crore as half the
cost of the advertisements in 2008.
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