Ex-chief secy challenges clean chit to Delhi CM, Sisodia in assault case

On August 11, a city court had exonerated Kejriwal, Sisodia and nine AAP MLAs who were accused of allegedly assaulting Prakash during a midnight meeting in 2018, saying that there was no “criminal conspiracy” and “unlawful assembly”.

A Delhi court on Monday sought the response of the chief minister Arvind Kejriwal, his deputy Manish Sisodia and nine Aam Aadmi Party (AAP) MLAs on a plea by former chief secretary Anshu Prakash, challenging the clean chit given to them in an alleged assault on him.

A file photo of Delhi CM Arvind Kejriwal and deputy CM Manish Sisodia.  (PTI file photo)

Additional sessions judge Geetanjali Goel issued notice to Kejriwal, Sisodia and the MLAs, and posted the matter for further hearing on November 23.

On August 11, a city court had exonerated Kejriwal, Sisodia and nine AAP MLAs who were accused of allegedly assaulting Prakash during a midnight meeting in 2018, saying that there was no “criminal conspiracy” and “unlawful assembly”.

The court said that the incident happened suddenly, after some of the MLAs started questioning Prakash over some issues and in the spur of the moment, two of the MLAs — Amanatullah Khan and Parkash Jarwal — allegedly hit him, without any conspiracy, prior meeting of minds or pre-meditation.

The judge, however, had framed charges against the Khan and Jarwal for obstructing a public servant on duty, assaulting him and voluntarily causing hurt to Prakash, taking note of the statement of CM’s advisor VK Jain.

Challenging the decision of the magistrate on Monday, Prakash, in his plea through senior advocate Siddharth Luthra, has contended that the trial court has conducted a “fishing and roving enquiry” into the allegations in the charge sheet, and has drawn erroneous inferences and conclusions without having the benefit of examination of the prosecution witnesses.

“...that the trial court even while selectively relying on and considering the material available on record has arrived at divergent findings qua the accused persons, without any basis or justification, by applying different yardstick for different accused in relation to their role and involvement in the crime,” the plea said.

It also said that the trial court had failed to appreciate the fact that the meeting was called at midnight, which was very unusual as there was no emergency.

“The trial court has failed to appreciate the genesis of the entire case including the preceding and subsequent events of the incident wherein the complainant (Prakash) under a well-planned conspiracy was physically assaulted and intimidated as he was not giving in/agreeing to illegal directions to issue the TV advertisements (for the occasion AAP government completing three years) in violation of the guidelines of Supreme Court,” the plea added.

In his complaint to the police in February, 2018, Prakash had alleged that Kejriwal, Sisodia and 11 AAP MLAs had assaulted him in a midnight meeting called by the CM’s advisor, VK Jain, to discuss release of the party’s advertisements related to the government completing three years in Delhi.

Prakash alleged that he was manhandled and assaulted in the course of the meeting which was called to discuss the release of the party’s advertisements related to the government completing three years in Delhi.

Police had later filed a charge sheet against Kejriwal, Sisodia and 11 AAP MLAs for offences including criminal conspiracy, assaulting a public servant, threatening to cause death or grievous injury, and wrongful confinement, among other sections.