Of 14 AAP MLAs Arrested, 11 Cases Where Court Either Pulled Up Police Or Dismissed The Case
Delhi Police went all the way to Gujarat for arresting Aam Aadmi Party’s MLA Gulab Singh who is also state in-charge of Gujarat for his alleged involvement in an extortion case. He was arrested hours before Delhi chief minister Arvind Kejriwal’s public rally in Surat. He is the 14th AAP MLA to be arrested.
Here is what court said while rejecting Delhi Police’s plea for a five-day remand of AAP MLA Gulab Singh:
- While applying for a non-bailable warrant Delhi Police did not disclose the fact that the his counsel had informed the police in writing on October 10, that the MLA is busy in Gujarat and will reach Delhi on October 18. The court noted that it appears Singh was careful and wanted to join the investigation on reaching Delhi.
- “It was well within the knowledge of the investigation officer (IO) that accused Gulab Singh has been looking after the campaign in Gujarat and a rally was to be convened on October 16. But the police, for reasons best known to them, rushed to Gujarat by a flight and arrested the accused from Gujarat.”
- The court also said, that the police could have waited till he returned. “But for reasons, best known to them, they rushed to Delhi by flight to nab the accused..conduct of the police speaks a lot.”
- Latest Update: Gulab Singh has been grated bail by a Delhi court today i.e. October 19, 2016, saying that no purpose will be served by keeping him in jail.
Gulab gets bail today. FIR agnst Imran quashed by Del HC yesterday. What purpose is srved? Centre harassing us bcoz Del govt doing gud work
— Arvind Kejriwal (@ArvindKejriwal) October 19, 2016
Such observations by a court vis-a vis an AAP MLA arrest are not a first.
Reactions of courts in cases uptil now:
In case of AAP MLA Dinesh Mohaniya: The MLA was dragged by Delhi Police (DP) while addressing a Press Conference, and was arrested live in front of so many TV cameras. The Saket district Magistrate questioned Inspector in-charge for the ‘rushed arrest’ of Dinesh Mohaniya. As reported by FirstPost, the court, while granting the relief to the MLA, took into consideration the arguments of his counsel senior advocate HS Phoolka that there was a violation of procedure and law by the police authorities.
In case of AAP MLA Amanatullah Khan in July earlier this year: Amanutullah Khan, was arrested by DP on charges of threatening a woman. Additional Sessions Judge Raj Kumar Tripathi pulled up police while granting bail said: “There is no material on record to suggest that the accused has threatened or called the complainant to withdraw the case or change her statement”.
In case of AAP MLA Akhilesh Tripathi: He was arrested by DP in November, 2015 for case of rioting ( pertaining to the year 2013) and criminal intimidation and was sent to judicial custody.
The reaction of the court: The court not only dismissed all charges against him but also rebuked Delhi Police for filing such false charges against the MLA and also questioned why DP decided to file charge-sheet after an year once he became an MLA.
In a second case involving Akhilesh Tripathi: A criminal complaint filed against AAP MLA Akhilesh Tripathi for allegedly using his influence over PWD officials to allow illegal use of a government flat was rejected by court in July this year. As the complaint was not filed with due procedure. Special CBI judge Poonam Chaudhry said : “Thus the contention of counsel for complainant that at the stage of exercise of power under section 156(3) of the CrPC, sanction was not required is without merit. Thus, once there is no previous sanction, a magistrate cannot order investigation by invoking power under section 156(3) CrPC.”
In case of Commando Surinder Singh: In August last year, on complaint from NDMC officials for allegedly manhandling an NDMC employee, Commando Surrinder Singh was arrested. But he was released on bail in less than 24 hours after Delhi Police had arrested him. While granting bail to AAP MLA Commando Surinder Singh ( He lost his hearing capacity while fighting Mumbai 26/11 terrorists in Mumbai) the metropolitan magistrate Gomati Manocha said: “It’s been averred that this case has been actuated by political vendetta. Thus no prejudice is likely to be caused to the prosecution in case the accused persons are granted bail.”
Case against MLA Bhavna Gaur, though she was not arrested but needs a mention: A Delhi court in June this year discharged AAP MLA Bhavna Gaur in a case of allegedly furnishing wrong details about her educational qualifications in affidavits for the Delhi Assembly polls.
The court noted: The Act of Bhavna Gaur in withholding her highest university education in 2013 elections cannot be said to have been done with the intent to be elected in an election.
Therefore , no offence under section 125 A of the RP Act was made out against Bhavna Gaur.
In case Somnath Bharti’s alleged domestic violence case:
- While granting bail to the AAP MLA Somnath Bharti last year, Additional sessions judge Anil Kumar said the court did not agree with the police apprehension that Bharti may flee abroad. The court also stated based on the police file, it “finds no medical evidence” in support of the incident of alleged wrist slit and added medical records only mention about “old cut marks but no external injury”.
- Further the court noted that Delhi Police case diary containing details of the examination of the MLA’s dog, Don, the canine, accused of attacking Lipika ( his wife), does not “respond” on his command.
- Serious allegations made by Lipika Mitra are not in consonance with her recorded conversation with Somnath. Recorded conversation on the point of dog bite and wrist slit reflects a different version. ( AAP Release )
In case of AAP MLA Manoj Kumar: He was arrested on charges of extorting money from fair price shops by misusing his position as an MLA.
The court while granting bail observed:
‘Primafacie there is no direct involvement shown of accused and the allegations which have been leveled against him are only through the instrumentality of the co-accused through whom the accused allegedly used to extort money from persons who run fair price shops.
In case of AAP MLA Sharad Chauhan: Sharad Chauhan was arrested in a case related to a woman party worker’s alleged suicide case. While granting bail to the AAP MLA, court observed: “in her statement (on July 19), deceased named accused Ramesh Bhardwaj, Amit Bhardwaj and Rajni Kant as the persons responsible for her death as they made her life hell by defaming her. It is noteworthy that the name of applicant is nowhere stated by the deceased in her last statement.”
Further the court observed that as per the probe agency, prior to the arrest of applicant (Chauhan), he has been thoroughly interrogated. No useful purpose will be served by keeping the applicant in further custody.
As I write Delhi Chief Minister Arvind Kejriwal just tweeted informing that FIR against AAP MLA Imraan Hussain has been quashed by Delhi High Court:
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