The Delhi High Court on Tuesday declined to give interim protection from arrest to AAP MLA Jarnail Singh, who is accused of participating in preventing an MCD engineer from demolishing an unauthorised building, causing damage to state property and beating up the engineer.
The court of Justice Sunita Gupta has issued notice to the police to respond to Singh’s plea for anticipatory bail and asked the police to file a status report regarding the incident. The court, however, declined the plea by the MLA to give anticipatory bail so that he is not arrested on Tuesday itself. The matter will now be taken up on Wednesday.
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According to the FIR filed at the Tilak Nagar police station on April 28, South Delhi Municipal Corporation junior engineer Athar Mustafa had gone to Krishna Park extension with other MCD officials and police officers to demolish an unauthorised building. The owner of the building, however, called neighbours and area MLA Jarnail Singh, who allegedly abused the officers and beat up Mustafa. The complaint also alleges that Jarnail singh tore up the file on the demolition.
Singh’s counsel, senior advocate HS Phoolka, told the court that the MLA had in fact called the police and had remained in the police station for several hours after the incident. The lawyer also said that the Delhi Police commissioner had made “misleading” statements to the media and had called Singh an “absconder”, even though he had filed an anticipatory bail plea.
In his arguments, Phoolka also admitted that a district court had already dismissed Singh’s plea for anticipatory bail on Saturday. The court, however, did not accept Phoolka’s arguments, as the lawyer was unable to produce proof that the MLA had been present at the police station or had called the police.
In his plea, Singh has said that the FIR against him was a “result of consultation, deliberations and confabulations”.