In the hearing of the case of sacked Maharashtra trainee IAS officer Pooja Khedkar in the Delhi High Court, the lawyers of Delhi Police and UPSC were once again unable to explain to the court why custodial interrogation of Khedkar is required. They could not satisfactorily answer the court’s question as to what useful purpose would be served by arresting Khedkar.
The ban on the arrest of IAS Pooja Khedkar has been extended till September 26. Along with this, Delhi Police has demanded more time from the court to investigate the matter. Delhi Police had sought 10 days from the High Court and said that the investigation is still going on and material is being traced to explain why custodial interrogation of Khedkar is required.
Question raised on Delhi Police regarding detention
Earlier too, when the court had granted her interim protection, a bench of Justice Subramaniam Prasad had questioned the need for Delhi Police to take Khedkar into immediate custody, given that she was acting alone in the alleged crimes. During the hearing today, senior advocate Siddharth Luthra, appearing for Khedkar, told the court that if the counsel for the party feels that Khedkar is not disabled and has given a false statement, then he is ready to go to the medical board and get re-examined.
The lawyer on behalf of Pooja Khedkar said that take me to the medical board, let me be examined! I am ready to go to AIIMS. They have all the documents. I am a private citizen, how will I be able to reach them. At the same time, the UPSC lawyer told the court that Khedkar has played with the law in a way that is extraordinary. The Delhi Police lawyer argued that till the year 2020, Khedkar has given the civil service examination with the same name in his 8 attempts. Later he changed his name.
Delhi Police counsel argued that she had concealed several facts, falsely claimed that her family income was ₹6 lakh as her mother and father got divorced in 2010. She lied when she said she came under non-creamy layer catering. She had 3 cars including Mercedes and Thar. She made 9 permissible attempts till 2020′.
What did the court say to Delhi Police and UPSC?
Regarding the custody of Pooja Khedkar, the court said that they are not considering the matter of bail after arrest. It is a matter of consideration whether the investigation will be hampered if the person is granted bail. For all the false names, the reason for keeping her in custody would only be the risk of escape that she will tamper with the evidence. If she is absent, the question will be why is she needed?
As far as the state is concerned, the allegation is primarily that he has given false documents, so the case will be tried and it will be seen whether the documents are false or not. Why is custody required? There should be more than one person for conspiracy, where are the more persons? They will have to face trial. I am only looking at the investigation and obstruction of investigation. You can take your time to investigate but if he is arrested then you have to complete the investigation within 60 days. If he is out then you can take your time.
The issue is why do you want them at this stage? When you can take your own time to investigate. You know the hospital that has given the certificates, you know the doctors. For every bail decision, it depends primarily on the judge’s opinion. When you fill the UPSC form you fill it yourself. Forgery etc will happen only if she changes her category to medically unfit. So, if you seek her custody, the story will start with how she got the certificates. You say she has given wrong names, okay agree.
What did Pooja Khedkar’s lawyer say about the custody?
Pooja Khedkar’s lawyer said that if I give a wrong name and take a loan from the bank then for what purpose do you need investigation? To trace the money, so you will need my custody, or to see whether I have used someone’s name, whether I have helped someone else with the money. My custody will not be required for investigation.
Source (PTI) (NDTV) (HINDUSTANTIMES)