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Nayar Agrawal LC question constitutional validity of ACB police powers in Murli Deora challenge to Kejriwal graft FIR

Nayar Agrawal Law Chambers is acting for former minister for petroleum and natural gas, Murli Doors, in his challenge to former Delhi chief minister Arvind Kejriwal’s anti-corruption FIR against him.

Nayar Agrawal partner Kartik Nayar with advocate Himanshu Gupta is acting for Deora who, in the FIR, is accused under the Prevention of Corruption Act 1988, of granting undue favours to Reliance Industries (RIL) for extraction of natural gas from the KG-D6 basin.

Deora has challenged the jurisdiction of the Delhi Anti-Corruption Branch (ACB) in launching an investigation against him on the ground that the ACB has no police powers. He has challenged the constitutional validity of the notifications that constituted the ACB and granted it police powers, on the ground that Article 239AA of the Constitution expressly takes away police powers from the Delhi government.

Senior advocate Vikas Singh, appearing for the Delhi government yesterday submitted before Delhi high court justice VK Shali that a 23 September notification clarifying that the ACB will only have powers to probe Delhi government officials under the Prevention of Corruption Act, will have prospective effect, reported the Economic Times. It will not bar the ACB from investigating the minister acting on the FIR filed before 23 September.

While fixing 28 October as the next date for hearing the matter the Delhi high court has directed the ACB not to take any coercive steps against Deora.

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