A Metropolitan Magistrate court on Friday refused to grant bail to AAP MLAs Amanatullah Khan and Prakash Jarwal in the Delhi Chief Secretary assault case.
Metropolitan Metropolitan Shefali Barnala Tandon also dismissed the second application of the Delhi Police for two days’ police remand of the legislators.
“The circumstances prima facie, point towards premeditated criminal conspiracy. Though bail is the rule and jail is an exception, the applications cannot be considered in a casual manner, since they [the MLAs] are history-sheeters,” the Magistrate observed.
The Magistrate allowed the prosecution argument that if released on bail, the accused might influence witnesses. The court, however, dismissed the police’s plea for remand.
Witness tampering
The police had submitted that the MLAs had to be confronted with eye-witness V. K. Jain, advisor to Chief Minister Arvind Kejriwal, and the remaining MLAs had be identified.
“The investigation is at an initial stage. The submission of prosecution that if enlarged on bail the accused shall influence the witnesses, and shall hamper investigation cannot be overlooked... bail applications of the accused are hereby dismissed,” the Magistrate said.
While seeking police remand of the MLAs, the prosecution submitted that new facts had emerged in the statement of Mr. Jain.
The Magistrate rejected the plea stating: “The only new fact which has emerged as per the prosecution is that Mr. Jain has stated in his statement that he witnessed the assault of the Chief Secretary, therefore, he has to be confronted with accused persons with respect to the timing, etc. and remaining MLAs have to identified.”
“The statement recorded under Section 164 of the CrPC stands on a higher footing than any other statement made during investigation... there is no requirement of such confrontation,” the Magistrate added.
Other MLAs
“Further, the names of 11 MLAs have been provided by the defence out of which seven have been named by prosecution witness V. K. Jain and the remaining can be identified by showing their photographs to the complainant, they being sitting MLAs and not unidentified/unknown people,” the Magistrate stated.
While reserving order on the MLAs bail applications and the police’s plea for their police remand, the court had on Thursday sent the two MLAs to judicial custody for 14 days.
