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In a four year old case under Immoral Traffic Act, no decision yet by the Delhi HC regarding its permission to arrest the accused magistrate
Darkness under the lamp. This old proverb holds true with Honourable Delhi High Court. While Chief Justice of the Supreme Court P. Sadashivam had formed a three member high level committee to probe charges of molestation against former Supreme Court Judge AK Ganguly on mere mention of allegations in a blog by the victim.

But under the nose of Supreme Court, Delhi High court is moving with a tortoise speed in dealing with a case of a metropolitan magistrate of Teeshazari court who was caught by Haryana Police with a call girl. In the case involving the retired Supreme Court judge, the inquiry was conducted with jet speed although action could not be taken on the ground as the alleged accused is no more in service.

Responding to an query under the RTI Act, the Public Information Officer of Delhi High Court has informed activist P.P. Kapoor on September 19, 2009 that the Administrative and General Supervision Committee of  this court in its meeting dated August 31, 2009 considered the request of Satpal Singh, Inspector of Haryana Police seeking permission to arrest Rajkumar Aggarwal, metropolitan magistrate in a case registered under Immoral Traffic (Prevention) Act and decided to decline permission for arrest and re-arrest of the judicial officer and to call for the explanation of the said judicial officer.

On the query about action taken by the court it was informed that the explanation of judicial officer is under consideration of the Court. Responding to another query, the Public Information Officer of Delhi High Court informed activist P.P. Kapoor that since the investigations and inquiries are pending against Raj Kumar Aggarwal, hence the disclosure of the information, therefore is exempted under section 8 of the R.T.I. act  read with Rule 5(B) of Delhi High Court Right to Information Rules, 2006.

Activist Kapoor has sought copy of the order passed by the Administrative and General Supervision Committee seeking explanation of Raj Kumar Aggarwal and copy of explanation by Agarwal, besides the copy of decision taken by the Administrative and General Supervision Committee declining permission to arrest  Raj Kumar Aggaral to Haryana Police.

Responding to query that under which rules and law the above committee did not give permission to make arrest, the Public Information Officer of the Delhi High Court had informed that the Administrative Committee has taken the decision on the basis of facts and circumstances of the case.

An NGO had called call girl from Delhi to entertain the Judge and other influential persons. The sordid incident had happened in Samalkha town under Panipat district of Haryan. Call girl and three others were arrested and produced before the magistrate but Delhi metropolitan magistrate was let off.

The incident was widely reported in media and the Delhi High Court was officially intimated by the Haryana police about the incident. Four years has passed since the incident but Haryana police is still awaiting the clearance from Delhi High Court for arresting the accused, which is mandatory under Supreme Court directions, and for launching further proceedings in the case. The case is fixed for hearing for 7th February, 2014.

Reply to the queries under Right to Information Act received by the Panipat based activist P.P. Kapoor has revealed that Delhi High Court instead of giving sanctions to Haryana Police for arresting the alleged accused is conducting its own inquiry into the matter. An e-mail sent to the PRO of Haryana Police by this citizen journalist asking the progress in the case and whether it had send reminders to the Delhi High Court for getting its sanction evoked no response.

Highly placed sources told that Haryana Police, finds itself in helpless situation due to lack of clearance from the Delhi High Court. Ironically the PRO of Haryana Police did not provide the information but the Assistant Superintendent of Police, Panipat had informed Kapoor on 20th December, 2013 that the Delhi High Court had declined permission for arrest of the accused.

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