Court takes cognisance of charge sheet against AAP MLA

A Delhi court on Friday took cognisance of a charge sheet filed the by Delhi Police against AAP MLA Gulab Singh and others in connection with the 2016 alleged extortion case.

Additional Chief Metropolitan Magistrate Samar Vishal took cognisance on the charge sheet and handed over its copies to the accused persons who were present in the courtroom.

The court has now posted the matter for September 9 for further proceedings.

Singh is currently an MLA from Delhi’s Matiala constituency.

Besides Singh, Delhi Police has named four others as accused – Satish, Devender Singh, Jagdish Chander and Naveen Yadav.

The charge sheet was filed against them under sections of 384 (punishment for extortion), 387 (putting person in fear of death in order to extort) 201 (causing disappearance of evidence) 120B (criminal conspiracy) of IPC and relevant section of Arms Act.

In September 2016, two property dealers – Deepak Sharma and Rinku Diwan – had alleged that Singh’s associate Satish and Devender were extorting money from them.

Singh was also arrested by Delhi Police from Gujarat in 2016 while he was on an election tour after an NBW was issue against him by a Delhi court.

Delhi court sentences AAP MLA to 3 months in jail for obstructing polling process

A Delhi court Tuesday sentenced AAP MLA Manoj Kumar to three months in jail for obstructing the election process at a booth in east Delhi during the 2013 Assembly polls, saying offences relating to polls should be sternly dealt with.

Additional Chief Metropolitan Magistrate Samar Vishal, however, granted Kumar bail on furnishing a bond of Rs 10,000 to enable him to challenge the order in a superior court.

Kumar, currently an MLA from east Delhi’s Kondli constituency, had denied the charges and claimed that the case was politically motivated.

“The accused, Manoj Kumar, has been convicted for the commission of offence under section 131 (disorderly conduct in or near polling stations) of the Representation of People Act. He is sentenced with a simple imprisonment of a period of three months and with a fine of Rs 10,000,” the court said.

It has also sentenced him to three months in jail for commission of offence under Section 186 (obstructing public servant in discharging public functions) of the Indian Penal Code (IPC).

“At request of convict Manoj Kumar that he wishes to prefer an appeal/ revision against his conviction, he is admitted to bail on furnishing personal and surety bond of Rs 10,000… for a period of 30 days till July 25. Bail bond furnished and accepted,” the court said.

According to the prosecution, over 50 protesters led by Kumar had caused hindrance in the election process at an MCD school during the 2013 Delhi Assembly election.

The protesters had also closed the main gate of the school due to which the police staff and election officers were locked inside the school, the complaint said.

It had further said that when the voting was over, Kumar asked his volunteers not to allow the ballot boxes to be taken back and after closing the main gate, he sat in front of the gate.

The court, in its sentencing order, said since people tend to emulate their leaders, it was imperative that the conduct of lawmakers should be an ideal on the scale of constitutional morals.

“The convict has interfered with the polling process, a conduct which is not only illegal but also undemocratic. The convict was himself contesting the elections and therefore, is expected to know the laws which govern the election process in this country. Offences relating to elections are a direct assault on the peaceful conduct of such elections and therefore needs to be sternly dealt with,” it said.

“Ordinary people have the tendency to emulate their leaders and therefore, it is imperative that the conduct of those who lead society and make laws for them should be an ideal on the scale of constitutional morals. Disorderly conduct and even shouting outside polling station is a punishable offence under section 131 of the Representation of People Act and therefore, despite that the election process was complete in this case, the act of the convict of creating such conduct needs to be punished with sincerity,” it added.

HC grants bail to AAP MLA in Anshu Prakash assault case

The Delhi High Court today granted bail to AAP MLA Amanatullah Khan in the Chief Secretary Anshu Prakash assault case.

Justice Mukta Gupta granted relief to the Okhla MLA, who was arrested on February 21, with certain conditions as imposed on AAP legislator Prakash Jarwal earlier.

“The petitioner (Khan) has served an incarceration of more than 20 days and no further custodial interrogation is required. So the petitioner is released on bail,” the court said.

During the hearing, the Delhi Police counsel submitted a status report stating that Khan was named in 12 criminal cases, out of which he has been discharged in three cases.

The court had on March 9 granted bail to AAP MLA Prakash Jarwal in the chief secretary assault case with a warning that any such illegal activity in future would lead to the cancellation of his bail.

Deoli legislator Jarwal was arrested on February 20 for allegedly assaulting the chief secretary during a meeting at Chief Minister Arvind Kejriwal’s residence on the midnight of February 19.

A magisterial court had earlier denied bail to the two legislators, saying the matter cannot be treated in “a casual and routine manner” while dubbing them as “history-sheeters”.

AAP MLA Prakash Jarwal allegedly assaulting Delhi Chief Secretary Anshu Prakash moves HC for bail

A day after a sessions court here denied him bail, AAP MLA Prakash Jarwal, arrested for allegedly assaulting Delhi Chief Secretary Anshu Prakash, today moved the Delhi High Court seeking the relief.

The bail plea is likely to come up for hearing before Justice Mukta Gupta tomorrow.

Jarwal was yesterday denied bail for the second time with a court here saying it could not ignore the fact that the lawmaker had “openly violated the dignity” of a 56-year-old public servant who was “honestly discharging duties”.

Deoli MLA Jarwal, who was arrested on February 20, is currently undergoing 14-day judicial custody in the case in which another MLA Amanatullah Khan was also arrested in connection with the alleged assault on the bureaucrat during a meeting at Delhi Chief Minister’s Arvind Kejriwal’s residence on the night of February 19.

The court, while refusing to grant bail to Jarwal, had said the situation could not be more alarming when lawmakers do not respect the rule of law.

While dismissing the plea of the MLA, the court had noted that the chief secretary’s allegations were confirmed by his medical report as well as the statement of Chief Minister Arvind Kejriwal’s adviser V K Jain, who had claimed that he saw the CS being assaulted by the MLAs.

Seeking bail before the sessions court, Jarwal’s counsel had pleaded that the MLA was a young politician and had got married recently on February 6 so he be granted the relief.

Opposing the bail plea, Additional Public Prosecutor Atul Shrivastava had argued that it was a serious offence as a top state bureaucrat had been assaulted. The police had also alleged that the CCTV footage taken from the house of the CM appears to have been tampered with.

A magisterial court had on February 23 refused to grant bail to Khan and Jarwal, in the assault case saying the matter cannot be treated in “a casual and routine manner” while dubbing them as “history-sheeters”.

Khan has not yet challenged the magisterial court’s order denying him bail.

Both the MLAs were on February 22 sent to 14-day judicial custody by the court. While Jarwal was arrested on February 20, Khan, an MLA from Okhla, was taken into custody the next day.

Delhi Court holds AAP MLA can’t be charged

Delhi Court holds AAP MLA can't be charged
Delhi Court holds AAP MLA can’t be charged

A Delhi court has dismissed a corruption complaint against an AAP MLA, saying though it had prima facie found that he had breached the cap for poll expenses during 2013 Assembly election, he cannot be charged under Prevention of Corruption Act as he was not a public servant at that time.

“I have gone through the complaint and the documents thoroughly from which, it prima facie appears that respondent 1 (Tripathi) incurred more election expense than prescribed limit. However, in my prima facie opinion the same was incurred when he was only a contesting candidate for the post of MLA and not a public servant,” Special Judge Hemani Malhotra said.

The court’s order came on a complaint filed against Akhilesh Pati Tripathi, MLA from Model Town here, for allegedly spending over the prescribed limit of Rs 14 lakh in the 2013 election campaign.

The judge further said, “The act/conduct of Tripathi by submitting accounts after he became an MLA to explain the expenditure incurred by him before he was elected as MLA is not an offence committed under the Prevention of Corruption (PC) Act as when the election expenses were incurred, he was not a public servant.”

The court also said that the remedy/action against a candidate’s misconduct lies under the Representation of the People Act, 1950 which may result in disqualification of an elected candidate.

The court also referred to a Supreme Court verdict in which it had said under the Election Rules if an account is found to be incorrect or untrue by Election Commission after enquiry, the Election Commission may disqualify the said person.

The complaint filed by activist and lawyer Vivek Garg had also sought FIR against some officials of Election Commission (ECI), Delhi Chief Electoral Office (CEO) here and some officials of Delhi government, for allegedly colluding with Tripathi to manipulate the account of expenditure incurred by him.

The court, while dismissing the plea, also noted that a sanction to prosecute the officials of ECI, CEO and Delhi government was missing and referred to a Supreme Court judgement saying the court cannot take notice of private complaint against a public servant without a sanction order.

“Court cannot lose sight of the fact that the complainant has also impleaded responsible officials of the Election Commission of India and of government of Delhi who are public servants, as proposed accused under PC Act,” it said

Referring to an apex court judgement, the judge said, “It has been categorically held that Special Judge could not have taken notice of the private complaint against the public servant unless the same was accompanied by a sanction order.”

The judge, however, agreed with the contention of the complainant that no sanction was needed to prosecute an MLA.

( Source – PTI )

AAP MLA Alka Lamba summoned in a trespass case

AAP MLA Alka Lamba summoned in a trespass case
AAP MLA Alka Lamba summoned in a trespass case

AAP legislator Alka Lamba has been summoned as accused by a Delhi court for allegedly trespassing and vandalising a shop here and obstructing police from performing their duty last year.

Metropolitan Magistrate Abhilash Malhotra took cognisance of the charge sheet filed by Delhi Police against Lamba and directed her to appear before the court on May 18.

Lamba has been chargesheeted for alleged offences under sections 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty), 427 (mischief causing damage to property), 451 (house-trespass) and 34 (common intention) of the IPC.

“The present charge sheet is filed under sections 186, 353, 427, 451 and 34 of IPC against MLA Alka Lamba. It is stated in the charge sheet that on August 9, 2015, Alka Lamba along with some other persons committed trespass in the shop of complainant and threw cash bill machine, vandalised the counter and obstructed and deterred the police personnel.

“Keeping in view the material on record, I take cognisance of the offence under section 190(1)(c) of CrPC against the accused. Accordingly, accused Alka Lamba be summoned through SHO concerned for May 18,” the court said.

An FIR was lodged against the AAP MLA from Chandni Chowk on August 10 last year, a day after she was hit and had received head injuries in a stone-pelting attack during her anti-drug campaign in the Kashmere Gate area.

The case was registered at Kashmere Gate Police Station on a complaint by traders including the proprietor of a sweet shop, Shiv Mishthan Bhandar.

The case was lodged against Lamba after a video clip emerged in which she was allegedly seen vandalising shops along with some of her supporters.

According to the police, the CCTV camera footage recovered from the shop showed Lamba toppling the billing machine while one of her colleagues was seen pushing everything from a table and jostling with cops.

Lamba had claimed the 30 second CCTV footage was from Sharmas shop and it was shot after she was attacked.

On her part, Lamba had filed a complaint with the Delhi Commission for Women against BJP MLA OP Sharma for calling her a “drug addict”.

She had said the raid was aimed at shops in the area which were operating illegally and helping drug peddlers. Police had registered a case in connection with the attack on Lamba and arrested one person.

( Source – PTI )

AAP MLA Mahinder Yadav gets bail in rioting, assault case

AAP MLA Mahinder Yadav gets bail in rioting, assault case
AAP MLA Mahinder Yadav gets bail in rioting, assault case

AAP MLA Mahinder Yadav, who was arrested for allegedly rioting and assaulting a public servant during a protest here seeking action against an alleged sexual offender, was today granted bail by a Delhi court.

Metropolitan Magistrate Harvinder Singh, who had sent Yadav to police custody for a day on Friday, released the legislator on bail on furnishing of a personal bond of Rs 20,000 and a surety of the like amount.

The legislator from Vikaspuri in West Delhi, along with four others, was arrested on Friday by the police.

The court on Friday had granted bail to four other accused – Rupesh Katyani, Devender Kumar, Roshan Kumar and Shailesh Kumar – who were also arrested in the case. Advocate Kapil Sharma and Sanjeev Kumar, who appeared for Katyani, had said the four were released on furnishing of a personal bond of Rs 20,000 each and a surety of like amount.

According to the police, Yadav had led a violent protest on the evening of January 28 in Nihal Vihar area in West Delhi following sexual assault on a three-year-old girl.

A mob had attacked public vehicles and tried to set one of them on fire. The protesters had demanded immediate arrest of the 38-year-old accused alleging that the police was not pursuing the case promptly, though Joint Commissioner of Police (Southwest) Dependra Pathak had claimed that the alleged culprit was arrested much before the protest.

Yadav is the sixth AAP legislator to be arrested since the Arvind Kejriwal government came to power in Delhi. Earlier, Akhilesh Tripathi, Somnath Bharti, Commando Surinder Singh, Manoj Kumar and former law minister Jitender Singh Tomar were arrested on various charges. “A case was registered on the night of January 28 and the MLA was arrested on charges of rioting, arson, assault on public servant, wrongful restraint and damage to public property,” the police had said. It had said the protesters even manhandled a police team which had tried to pacify the agitators.

Reacting to Yadav’s arrest, AAP’s Delhi Convener Dilip Pandey had tweeted, “Delhi Police busy again arresting AAP MLA instead of ensuring Delhi women safety despite multiple warnings from courts.”

Delhi HC seeks response of Bharti, police on bail cancellation plea

Delhi HC seeks response of Bharti, police on bail cancellation plea
Delhi HC seeks response of Bharti, police on bail cancellation plea

The Delhi High Court on Tuesday asked controversial AAP MLA Somnath Bharti and the police to file their response on a plea by his life Lipika seeking cancellation of his bail in a domestic violence case.

Justice P S Teji issued notice to Bharti and Delhi Police and directed them to file their reply by February 16.

Bharti’s wife has sought cancellation of his bail, granted on October 7, on several grounds, including that the trial court has not applied its mind while granting relief to the former Delhi minister.

Lipika has said that the bail order was almost like a verdict and the trial court had relied on the case diary to do so which allegedly should not have been done at that stage.

She had lodged a case of domestic violence and attempt to murder against Bharti.

The AAP leader was arrested in the wee hours on September 29 after the Supreme Court ordered him to surrender.

The trial court had granted him the relief, saying he was no longer required for investigation purposes and observed that since he was a member of Delhi Legislative Assembly, there was no ground to agree with the apprehensions of the police that he may flee abroad.

However, the trial court imposed several conditions on him, including that he would not leave Delhi without its prior permission, not tamper with evidence and join the probe as and when required.

It had also directed Bharti to report his presence once a week in the office of DCP (South West) till the time charge sheet in the case was filed.

On September 22, the high court had rejected Bharti’s plea for anticipatory bail, observing that the allegations against him were backed by “documentary proof”.

( Source – PTI )

Court grants bail as AAP MLA says have learnt lesson in jail

Court grants bail as AAP MLA says have learnt lesson in jail
Court grants bail as AAP MLA says have learnt lesson in jail

AAP MLA Akhilesh Tripathi today told a Delhi court that he has learnt “sufficient lesson” by remaining in jail for a day and assured it that he would not misuse the liberty of bail and cooperate in the proceedings in a case of rioting and criminal intimidation.

Metropolitan Magistrate Kapil Kumar, who had yesterday sent Tripathi to judicial custody for two days for defying the warrants issued against him, today granted him bail observing that the legislator has undertaken that he would not misuse the liberty of bail again.

The court, however, noted in its order that Tripathi has flouted its orders many times and despite several warnings he took it lightly.

“It is clear from the record that accused Akhilesh Tripathi flouted the orders of this court many times and despite several warnings, he took the orders of court lightly.

“However, considering the fact that the accused is a public servant, as he is a siting MLA, and the counsel for accused has given the undertaking that now onwards Tripathi will not misuse the liberty given to him and will cooperate with the court in concluding the trial expeditiously by coming on each and every date on time, the accused is admitted to bail on furnishing fresh personal bond of Rs 10,000 and one surety of like amount,” the court said.

During the arguments on bail plea, Tripathis counsel claimed that his client was falsely implicated in the case and “has learnt sufficient lesson in last 24 hours by remaining in jail”.

He said the legislator would appear in the court on every hearing and assured that he will cooperate in completion of the trial expeditiously.

His bail plea, however, was opposed by the prosecutor who said the MLA has no regards to the courts orders and also to the directions of Supreme court about expediting the case.

He argued that since inception of the trial, the accused has delayed the proceedings and due to his non­appearance, a public witness has been discharged twice by the court which resulted in wastage of courts time.

Tripathi, an MLA from Model Town constituency, had moved the bail application last evening after he was sent to judicial custody for two days.

( Source – PTI )

AAP MLA returned medical claim: Cops to court

AAP MLA returned medical claim: Cops to court
AAP MLA returned medical claim: Cops to court

The Delhi Police has told a court here that AAP MLA Akhilesh Pati Tripathi, against whom a complaint has been filed for allegedly taking medical claim for his mother who was not dependent on him, has returned nearly Rs two lakh to the Vidhan Sabha secretariat.

Police, in its status report, told the court that Tripathi was interrogated and he stated that when he came to know that his father, being a pensioner, was not entitled for the medical claim, he wrote a letter to the Vidhan Sabha secretariat to know the rules and was asked to return the amount with interest, that is, Rs two lakh on September 16.

“It is further submitted that an inquiry report was sought from the Deputy Secretary, Legislative Branch, Delhi Vidhan Sabha office here in which he stated that ‘In this connection I am informing you that Akhilesh Tripathi has voluntarily returned the amount claimed by him for medical treatment of his mother, that is, Rs 1,72,763 along with interest of Rs 20,879 on September 16, 2015, with due permission of the Speaker.

“In view of the above, legislative treats the matter as closed and does not propose to take any further action in this regard,” the report filed before Metropolitan Magistrate Ambika Singh said.

The report filed by sub inspector Anand Singh of Civil Line Police Station said he shall abide by the directions/ orders passed by the court.

The court has fixed the case in December for hearing arguments in the matter.

The court was hearing a complaint filed by advocate and RTI activist Vivek Garg alleging that the MLA from Model Town constituency here committed an offence by getting his mother’s medical allowance worth over Rs five lakh reimbursed from Delhi government, despite his parents not being dependent on him and not entitled to the claims.

He said the MLA has accepted his crime by returning the money and now there is no need to lodge an FIR and would urge the court to directly put him on trial.

“Now the court should directly record pre-summoning evidence in the case as it would save court’s time,” he said.

In his complaint, Garg had sought registration of an FIR against Tripathi for alleged offences of cheating, criminal breach of trust by public servant, forgery for cheating and criminal conspiracy under the IPC.

( Source – PTI )