Court stays trial against Arvind Kejriwal, other AAP leaders
Additional chief metropolitan magistrate (ACMM) Samar Vishal had on July 5 framed charges against the three leaders along with AAP leader Rakhi Birla, while discharging AAP’s Sanjay Singh and former party leader and journalist Ashutosh.Updated: Jul 23, 2019 00:37 IST
A sessions court on Monday stayed the trial against Delhi chief minister Arvind Kejriwal, his deputy Manish Sisodia and Aam Aadmi Party (AAP) leader Somnath Bharti in a 2014 case of allegedly violating prohibitory orders and obstructing public servants, after their counsels challenged the magistrate court’s order framing charges against them.
Additional chief metropolitan magistrate (ACMM) Samar Vishal had on July 5 framed charges against the three leaders along with AAP leader Rakhi Birla, while discharging AAP’s Sanjay Singh and former party leader and journalist Ashutosh.
Kejriwal and other leaders had staged a ‘dharna’ outside Rail Bhavan on January 20, demanding action against police officials who refused to raid an alleged drug and prostitution racket in South Delhi on a complaint by Bharti.
The court framed charges under section 143 (punishment for unlawful assembly), 145 (unlawful assembly), 188 (disobeying the order duly publicised by a public servant), 147 (rioting), 186 (obstructing public servant), 353 (assault or use of criminal force to deter a public servant).
Appearing for Kejriwal and other AAP leaders, advocate BS Joon and Mohd Irshad, said the ACMM “failed to appreciate the fact” that the three leaders “were exercising the fundamental right” of “peaceful protest against the rape and murder in Delhi.”
They said the magistrate court “completely ignored the fact that no violence or assault” was alleged against them. In the revision application, the advocates said the court’s earlier order should be set aside.
The six were charge-sheeted for allegedly violating prohibitory orders and for obstructing public servants in discharge of their official duty.
The police in their complaint said that a day before Kejriwal and others were supposed to protest, the cops informed his PS that section 144 CrPC had been imposed around Parliament Street areas and that the assembly of more than five persons was unlawful.
The next day, Kejriwal and 250-300 others gathered near Rail Bhawan Chowk and the procession moved towards the union home minister’s office, the police said.The cops tried to stop them near Rail Bhawan Chowk but the protestors scuffled in an attempt to move forward, police said in the complaint.
First Published: Jul 22, 2019 20:25 IST