AAP MLA Akhilesh Tripathi arrested in rioting case; sent to two-day custody

Tripathi, the MLA from Model Town, was being sent to two-day judicial custody for misusing the liberty given to him by “virtue of the bail” granted to him, said the court.

Tripathi, along with four other accused — Vikas, Kanhaahiya, Inder, Vikram and Rahul — has been chargesheeted by police on charges of rioting, rioting armed with a deadly weapon, unlawful assembly, criminal intimidation and for obstructing a public servant in discharge of public functions, under relevant sections of the Indian Penal Code. The court is recording evidence in the case at present.

Kumar said that the court had earlier informed the accused that issues related to sitting legislators have to expedited, as per directions of the Supreme Court. But Tripathi, despite “warnings”, had sought multiple exemptions from personal appearance, said the court. It also pulled up the MLA for not “respecting” the directions of the Supreme Court.

“It is within the knowledge of accused Akhilesh Tripathi and other accused persons that directions have been received to this court to expedite the present case as the matter is related to sitting MLA. These directions are of the Supreme Court and the same has been communicated to this court….Many times warnings have been given to accused Akhilesh Tripathi to not send exemptions and to appear on time, but the conduct of accused makes it clear

that warnings of this court have no effect on him,” said the metropolitan magistrate.

Tripathi had earlier been granted exemption from personal appearance on November 20 on the ground that he had gone to Bihar to participate in the swearing-in ceremony of Chief Minister Nitish Kumar. However, the court had stated the same day that “no exemption will be entertained on any of the grounds whatsoever on the next date of hearing”.

The AAP MLA had again sought an exemption three days later, claiming that he was “held up in a family function”.

The court observed, “Only vague submission as to the family function was made without describing as to what was the family function. The conduct of accused made it clear that he wants to delay the present case and has no respect for the orders of this court and no respect for the directions of the Supreme Court”.

“In these circumstances, there is no option for this court but to take the accused Akhilesh Tripathi in the judicial custody till the next date of hearing so that his appearance could be secured and present case be tried as per the directions of the Supreme court,” the court directed.