Under attack from various quarters over the arrest of its MLAs in the past few months, Aam Aadmi Party on Saturday released court orders that includes bail and acquittal orders related to those cases to highlight its argument against the Centre's alleged political vendetta.
AAP leader Ashutosh said, ‘these false cases have been filed at the instance of Prime Minister Modi as he is rattled and is taking revenge’.
Training guns at the media, AAP leader Dilip Pandey said that while the Police didn't have a choice the media continued to sensationalize these false cases.
"While minute details of the false cases get wide publicity, observations of the various court orders do not get the same airtime," Pandey said.
Here is a brief list of the cases of seven out of the 10 MLAs who have been arrested so far that was released by AAP. One MLA is still in custody in Punjab.
AAP Okhla MLA Amanatullah Khan
Arrested on 24.07.2016. Charge: 35 year old Sameena alleges that one boy aged 20-22 years threatened that she will be raped , burnt and killed and that he has said it at the behest of the MLA
Court while granting bail on 28.07.2016 observed:
There is no allegation in FIR that Amanatullah abused or threatened her.
Investigating officer has to identify and arrest other accused persons, Amanatullah Khan cannot be kept in custody for indefinite period.
There is no material evidence on record to suggest that Amanatullah has threatened or called Dr Sameena to withdraw the case or change her stance.
Nothing incriminating is to be recovered at the instance of the present accused.
AAP Malviya Nagar MLA Somnath Bharti
29th September 2015 Somnath Bharti surrendered before the police as directed by Supreme Court and was arrested. However, the Supreme Court had kept his anticipatory bail alive.
Charge: Wife Lipika Mitra alleged Somnath Bharti made his pet dog attack her, burnt her hand by putting a hot pressure cooker, slit her wrist and tried to kill her
Court while granting bail on 07.10.2017 observed:
Find no medical evidence in support of incident of alleged wrist slit, MLC mentions old cut marks but no external injury.
Examination of dog (DON) by the Board of doctors of Animal Husbandary Hospital was conducted and Somnath was directed to give commands to DON i.e Don come, Don bark, Don bite, Dpn Kato, Dpn Sitdown etc, but dog Don did not respond to his commands.
Serious allegations made by Lipika Mitra are not in consonance with her recorded conversation with Somnath. Recorded conversation on the point of dog bite and wrist slit reflects a different version.
AAP Delhi Cant MLA Commando Surender Singh
Charge: Abused and beat up NDMC sanitary inspector and other colleagues while they were on duty.
Court while granting bail on 22.08.2015 observed:
If all allegations leveled by the prosecution are accepted on their face value, even then the ingredients of the offence under Section 367 IPC i.e kidnapping or abducting in order to subject a person to grievous hurt, slavery etc are not even remotely attracted.
Furthermore it has been averred that this case is actuated by Political vendetta.
AAP Palam MLA Bhavna Gaur
Charge: Complainant Samarendra Nath Verma under section 125 A of the Representation of People Act had alleged that that Bhavna Gaur had furnished false information regarding her educational qualifications; her affidavit in 2013 said her highest medical qualification was 12th pass, while the one submitted for 2015 said her highest medical qualification was B.A and B.Ed
Court Order discharging Bhavna Gaur under section 251 Cr Pc for offence committed under Section 125 A of Representation of People’s Act.
The relevant and important words in Section 125(A) of the RP Act are ‘ with intent to be elected in an election’.
The Act of Bhavna Gaur in withholding her highest university education in 2013 elections cannot be said to have been done with the intent to be elected in an election.
Therefore , no offence under section 125 A of the RP Act was made out against Bhavna Gaur.
AAP Sangam Vihar MLA DInesh Mohaniya
Arrested on 26.06.2016. Compliant: Zarina and others had visited the office of the MLA on 22.06.2016 and the MLA had misbehaved with them, pushed them and threatened them with physical violence.
Court while granting mail observed that investigation was almost complete in this case, and since the accused is in judicial custody since 25.06.2016 no purpose will be served by keeping him in judicial custody any more.
AAP Kondli MLA Manoj Kumar
Arrested on charges of extorting money from fair price shops by misusing his position of MLA.
Court while granting bail observed:
'Primafacie there is no direct involvement shown of accused ( Mhaniya) and the allegations which have been leveled against him are oly through the instrumentality of the co-accused through whom the accused allegedly used to extort money from persons who run fair price shops.
AAP Model Town MLA Akhilesh Mani Tripathy
Charges: Smt Sushma Singh alleged that shw was on her way to a funeral of co-worker along with Puneet Malhotra when one boy came and asked her to sit in one room, and after she did with other girls, they were locked from outside and then the boys misbehaved with them. Akhilesh Mani Tripathy beat up Puneet Malhotra.
Court while acquitting Akhilesh Mani Tripathy observed:
Sushma Singh has admitted to the fact that she participated along with her husband during elections.
She could not name the of the co-worker whose funeral she was going to attend on the alleged date of incident. She does not know the names of the girls she was taking at the time of incident. She did not know whether the statement of the other girls were recorded or not. She also admitted that her husband lost the election to the accused.
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