‘Eyesore, public nuisance’: Delhi court orders FIR against Arvind Kejriwal over alleged misuse of funds
A Delhi court on Tuesday directed the police to file an FIR against former chief minister Arvind Kejriwal and others in a case of public property defacement. Additional Chief Judicial Magistrate Neha Mittal passed the order based on a complaint by Shiv Kumar Saxena, who provided visual evidence of banners featuring Kejriwal and other AAP leaders placed illegally across the city.
Court cites public nuisance and safety concerns
The court noted that the large-sized banners installed by Kejriwal, former MLA Gulab Singh, and former Dwarka Councillor Nitika Sharma not only defaced public property but also posed traffic hazards. “Deaths caused by the collapse of illegal hoardings are not new in India,” the court observed, emphasizing the seriousness of the offence.
It ruled that “hanging a banner board or affixing hoardings” amounted to defacement under Section 3 of the Delhi Prevention of Defacement of Property Act, 2007. The court instructed the concerned Station House Officer (SHO) to register an FIR immediately under this provision.
Investigation ordered amid allegations of cover-up
The court criticized the police’s previous handling of the complaint, noting that an action taken report (ATR) submitted by the SHO failed to confirm whether the hoardings existed on the alleged date. “The ATR stating that no hoardings were found appears to be an attempt to hoodwink the court,” the order said.
The court directed the police to thoroughly investigate the origins of the banners, including details of their printing and installation. It dismissed arguments from the public prosecutor regarding the omission of certain names from the complaint, stating that the investigating agency has the authority to include individuals not originally named.
Legal proceedings revived after initial dismissal
Saxena had first filed his complaint in 2019, alleging that Kejriwal and his associates misused public funds to install large hoardings in Dwarka. A magisterial court initially dismissed the plea in 2022, but a sessions court later ordered a fresh review.
“The matter is remanded back to the trial court to decide the application under Section 156(3) CrPC afresh,” the sessions court had ruled in January.
With the latest directive, the Delhi Police now faces a deadline to register the FIR and submit a compliance report, setting the stage for a renewed legal battle for Kejriwal and the AAP leadership.
