delhi

Updated: Mar 05, 2017 22:11 IST

The Delhi Police arrested 13 MLAs of the ruling Aam Aadmi Party in the last two years on charges ranging from rape, extortion, cheating, forgery to rioting.

For most of these offences bail is hard to come by, but all the 13 lawmakers are out on bail. In fact, two have been cleared of all charges.

Barring Sandeep Kumar, who is accused of rape, and Jitender Tomar, who faces charges of forging his college and law degrees, all others got bail in their first or second court appearance. They got bail after spending a few weeks in jail.

An HT investigation into the court papers of the cases against the 13 MLAs shows that the police are struggling to explain the charges in most cases, earning courts’ ire for shoddy investigation.

Take the case of Narela MLA Sharad Chauhan, accused of abetting suicide of a woman AAP volunteer. “It is noteworthy that the name of applicant (Chauhan) is nowhere stated by the deceased in her last statement,” the court said, giving bail to Chauhan.

It was also critical of police for misinterpreting the words “AML” — mentioned in one of the text messages sent by woman — to mean the MLA.

Police faced a tough time in the case of Matiala MLA Gulab Singh as well. He was arrested on October 16 on charges of extortion from Gujarat on a day he was to address a rally in the western state.

He was immediately given bail. The court pulled up police for waiting to arrest him on the day he was to speak at a rally and for rushing to Gujarat for reasons “best known to them”.

Police were “trying to spin beans beyond the basket”, the court said.

AAP has often accused the Delhi Police, which reports to the union home ministry, of harassment and acting at the behest of the Modi government, a charge denied by the force.

It described the arrests as “political conspiracy” to destabilise the Kejriwal government.

Chief minister Arvind Kejriwal repeated the accusations last week after the CBI opened a probe against deputy chief minister Manish Sisodia and health minister Satyendar Jain’s daughter on corruption charges.

Granting bail to Akhilesh Tripathi in a case if sexual harassment and molestation, the court said the complainant’s statement was self-contradictory and cross-examination had discredited her testimony.

Senior AAP leader Dilip Pandey said instead of focusing on the law and order, the Delhi Police were busy targeting AAP MLAs.

“The NDA government has not been able to accept the defeat in Delhi elections. Because of its ego and political frustration, it is not letting the Delhi government work,” Pandey said.

Delhi Police officers were not willing to come on record. “There should not be an iota of doubt against the police. The complainants in the case are not police. Whenever any cases comes to us, we examine it legally and process as per established procedure,” an officer said on condition of anonymity.

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AKHILESH TRIPATHI Model Town FIR No. 85/15: Feb 6, 2015, Adarsh Nagar police station Charged with: Causing hurt, wrongful confinement, sexual harassment and molestation

Arrested: Nov 26, 2015 Bail: Nov 27, 2015

Acquitted: March 3, 2016 by metropolitan magistrate Richa Manchanda

Court observation: Testimonies of two public witnesses are contradictory. Complainant is self contradictory and cross examination discredited her testimony. Court noted that a man – brother of the woman complainant, who was allegedly beaten by the MLA – was an important witness but police failed to trace him.

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MANOJ KUMAR

Kondli FIR No. 1072/15: Aug 11, 2015, Ghazipur police station Charged with: Extortion

Arrested: November 21, 2015 Bail: December 3, 2015

Court observation: Prima facie, there is no direct involvement of the accused, and the allegations which have been leveled against him are only through the instrumentality of the co-accused through which the accused allegedly used to extort money.

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SHARAD CHAUHAN

Narela FIR No. 535/16: July 20, 2016, Narela police station Charged with: Abetment to suicide, kidnapping, circulating videos of a woman

Arrested: July 31, 2016 Bail: August 11, 2016

Court observation: While the woman was breathing her last at LNJP hospital, in her audio and video statement she named three men but not Chauhan. "It is noteworthy that the name of the applicant (Chauhan) is nowhere stated by the deceased in her last statement. " The court observed that in the woman’s statement recorded under CrPC 164, which is admissible as evidence, ‘the deceased (woman) did not name the applicant/accused (Chauhan) as the person responsible for her death’. Prosecution (police) is mainly relying upon the whatsapp message where the applicant (MLA) is referred as AML. However the statement of the deceased (woman) was recorded after this whatsapp message was sent and in that statement the deceased (woman) did not name the applicant.

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COMMANDO SURENDER SINGH

Delhi Cantt FIR No. 418/15: Aug 4, 2015, Delhi Cantt police station Charged with: Kidnapping a public servant, obstructing public servant from doing his/her duty, voluntarily causing hurt to public servant, sections of the SC/SC Act

Arrested: August 21, 2015 Bail: August 22, 2015

Court observation: Even if all allegations levelled by prosecution (police) are accepted on their face value, even then ingredients of the offence under section 367 IPC i.e. kidnapping or abducting a person in order to subject a person to grievous hurt, slavery, etc., are not even remotely attracted.

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SOMNATH BHARTI

Malviya Nagar FIR No. 659/16: Sept 11, 2016, Hauz Khas police station Arrested: September 22, 2016 Bail: September 22, 2016

Charged with: Assaulting a public servant on duty, obstructing public servant from discharging his/her duty, rioting and prevention of damage to public property Act.

Court observation: It noted that section 353 is not attracted at present, since the security guards who were allegedly assaulted do not fall within the ambit of public servant in the Indian penal Code. FIR No. 745/15: Sept 29, 2015, Dwarka North police station Arrested: Sept 29, 2015 Bail: October 7, 2015

Charged with: Dowry, domestic violence, attempt to murder, cheating, criminal intimidation

Court observation: "I have gone through police file and find no medical evidence in support of the incident of alleged wrist slit of night intervening 27, 28 May 2015. There is only one MLC dated June 11, which only mentions about old cut marks but no external injury." Perusal of case diary …dated September 30, 2015 shows that examination of dog (DON) by board of doctors of animal husbandry was conducted and applicant was directed to give commands to DON but it did not bark on his commands.

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AMANUTULLAH KHAN

Okhla FIR No. 726/16: July 19, 2016, Jamia Nagar police station Charged with: Attempt to culpable homicide, molestation, threatening and criminal intimidation, threatening complainant to withdraw the case. Arrested: July 24, 2016 Bail: July 29, 2016

Court observation: "There is no allegation in the FIR that it was the accused (Amanutullah Khan) who abused her or gave any threats to her. "

"Complainant (woman) came to police station on July 26 and alleged she was being pressured to retract her earlier statement. She alleged she was getting calls from unknown numbers to withdraw the case or change her statement. The complainant has nowhere accused that it was the accused (Amanutullah Khan) who made calls to her…The accused was apprehended in the case on July 24."

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DINESH MOHANIYA

Sangam Vihar FIR No. 535/16: June 23, 2016, Neb Sarai police station Arrested: June 25, 2016 Bail: June 29, 2016

Charged with: Molestation, threatening a woman Court observation: Police had competed investigation and so it would allow mail to the MLA.

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JITENDER TOMAR

Trinagar FIR No. 695/15: July 21, 2015, Hauz Khas police station Arrested: June 09, 2015

Bail: July 22, 2015

Police allegations: Accused him of submitting forged LLB and B SC degrees

Court observation: "It appears the substantial investigation is complete as he is in custody since June 09, including 12 days police custody remand."

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GULAB SINGH

Matiala FIR No. 589/16: Sept 13, 2016, Bindapur police station Arrested: October 16, 2016 (in Gujarat) Bail: Produced before court on October 18 and bail granted on October 19

Court observation: "It is seen in case diary that non-bailable warrants were issued by the IO on October 13 for next date of hearing on October 28, 2016. It was well within the knowledge of the IO that accused Gulab Singh has been looking after the campaign work of Aam Aadmi Party in the coming elections in Gujarat and a rally was to be conveyed on October 16. But, the police for reasons best known to them, rushed to Gujarat by flight and arrested the accused from Gujarat."

"In the present application, the police is trying to spin the beans beyond the basket as according to the investigating officer, some other complainants have also come up against the present accused….However it is not permissible in law to join the subsequent complaints in the already registered FIR and the ongoing investigation."

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