Delhi court grants protection from arrest to AAP MLA

The judge also ordered that his questioning at Jamia Nagar Police Station on Thursday be conducted under CCTV surveillance

A Delhi court on Thursday granted interim protection from arrest to Aam Aadmi Party (AAP)’s Okhla MLA Amanatullah Khan in a case filed by the police for allegedly obstructing officers trying to arrest a proclaimed offender in southeast Delhi’s Jamia Nagar.

AAP MLA Amanatullah Khan. (RAJ K RAJ /HT PHOTO)

Special Judge Jitendra Singh of Rouse Avenue court barred Khan’s arrest until February 24, the next date of hearing, directing him to join the investigation as required by the police.

The judge also ordered that his questioning at Jamia Nagar Police Station on Thursday be conducted under CCTV surveillance.

In response to a notice served upon him by the police to appear for questioning, Khan appeared at the police station between 5pm and 5.30pm and left by 8-8.30pm, officers said. Ravi Singh, DCP (southeast) confirmed that Khan came for questioning and was questioned for two-and-a-half hours.

Another officer said that Khan was questioned about the proclaimed offender (who he allegedly help free) who is still absconding.

On Monday,Khan and his supporters were booked by the Delhi Police under sections of the Bharatiya Nyaya Sanhita (BNS) pertaining to obstructing public servants, unlawful assembly, and rioting, among others.

Police allege that on February 10, Khan led a mob of 20-25 people who attacked and threatened Crime Branch officers attempting to arrest Shahbaz Khan, wanted in a 2018 attempt-to-murder and Arms Act case, and helped him escape by taking him away from the spot.

During Thursday’s hearing, the judge questioned the legality of the raid, noting that Shahbaz had later been granted anticipatory bail on July 30, 2018 by the Saket Court.

The judge remarked, “If he (Shahbaz Khan) had already been granted anticipatory bail, was the police discharging its official duty while going to arrest him?”

The prosecution argued that Shahbaz remains declared a proclaimed offender. Arguing in favour of dismissing Khan’s plea, the prosecution argued that Khan’s custodial interrogation is required for further investigation.

The court also sought CCTV footage of the alleged obstruction during the raid, but public prosecutor Atul Shrivastava said no recording was available due to a power outage outside Shabaz’s house, where the police team had gone.

The court said, “The allegation of the police team that the applicant was instrumental in facilitating the escape of accused Shahwez Khan does not seem to carry weight as he (Shahwez) was already on anticipatory bail in the case in which allegedly police had gone to arrest him”.

The judge questioned why no mobile footage was taken. The court has asked the prosecution to submit relevant documents regarding the case against Shahbaz Khan at the next hearing.

Adjourning the matter, the court asked the prosecution to submit the relevant documents and the footage in and around the place of the incident on the next date of hearing, pertaining to the case against Shahbaz Khan.