Case study: Legal troubles of Aam Aadmi Party MLAs

After coming to power in February last year, more than a dozen MLAs of the ruling Aam Aadmi Party have faced allegations and police action.

Written by Mahender Singh Manral , Kaunain Sheriff M , Alok Singh | Published:September 19, 2016 1:45 am
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After coming to power in February last year, more than a dozen MLAs of the ruling Aam Aadmi Party have faced allegations and police action. This has led to active churning in the capital’s political scene. BJP legislators too have cases registered against them. A few of the cases are from 2014. MAHENDER SINGH MANRAL, KAUNAIN SHERIFF M, ALOK SINGH AND AAMIR KHAN take a look at the status of the cases against the legislators.

Chief Minister Arvind Kejriwal faces criminal prosecution in connection with a defamation case filed by Union Finance Minister and BJP leader Arun Jaitley in the DDCA controversy. Jaitley had, in December last year, filed both civil and criminal defamation cases against Kejriwal and five other AAP leaders for allegedly defaming him and sought Rs 10 crores in damages and their prosecution for offences that entail a punishment of up to two years in jail.

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Sandeep Kumar
Constituency: Sultanpur Majra
Case at: Sultanpuri police station

A case under sections 376 (rape) and 328 (poisoning) of the Indian Penal Code (IPC), section 67A of the IT Act and section 7 of the Prevention of Corruption Act was registered after a woman alleged that Kumar had drugged and raped her a year ago on the pretext of providing her a ration card and job.

Arrest: September 4, 2016
Case status: The woman’s statement was recorded before a magistrate under Section 164 of CrPC. Kumar has remanded in judicial custody.

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Ram Niwas Goel
Delhi Assembly Speaker
Constituency: Shahdara
Case at: Vivek Vihar police station

According to the FIR registered by police on the complaint of a businessman, Manish Ghai, the leader and his supporters allegedly raided one of his houses in Vivek Vihar on the night of February 6 last year, a day before the Delhi Assembly elections. According to sources the AAP leader, his son and supporters reportedly entered the businessman’s house after suspecting that liquor had been stocked inside to be distributed among locals before polling. Goel was booked along with others under IPC sections related to rioting, trespassing, causing mischief and voluntarily causing hurt.

Case status: Police filed the chargesheet in a Delhi court on September 7. The court posted the matter for consideration of the chargesheet to December.

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Somnath Bharti
Constituency: Malviya Nagar
Cases at: Police stations in Malviya Nagar, Dwarka North, Hauz Khas

In 2014, two separate cases were registered against Bharti at Malviya Nagar police station in connection with an alleged midnight raid he led on Khirki Extension. A group of African women were allegedly manhandled during this ‘raid’. In 2015, Bharti was booked on charges of attempt to murder and domestic violence on the basis of a complaint filed by his wife. Earlier this month, an FIR was registered against Bharti and his supporters at Hauz Khas police station for allegedly misbehaving with security guards of AIIMS. Police registered the FIR on the complaint of AIIMS Chief Security Officer R S Rawat. In his complaint, Rawat said that Bharti “provoked the mob to damage the fence of government property (AIIMS)”.

* Arrest in case of domestic violence: September 29, 2015
Case status: The chargesheet was filed. He got bail. The trial court is hearing the matter now.

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Alka Lamba
Constituency: Chandni Chowk
Case at: Kashmere Gate police station

An FIR was registered against her in August 2015 on the complaint of a businessman who alleged she had trespassed and ransacked his shop. She was also booked for manhandling a constable at the spot.

Case status: Chargesheet filed without arrest.

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Jitender Singh Tomar
Constituency: Tri Nagar
Case at: Hauz Khas police station

Puneet Mittal, secretary of Delhi Bar Council, alleged that Tomar enrolled himself as an advocate with Delhi Bar Council after submitting fake LLB and BSc degree.

Arrest: June 9, 2015
Case status: The chargesheet is pending and he is out on bail. Additional sessions judge Vimal Kumar Yadav granted Tomar’s bail plea on the condition that he deposit a personal bond of Rs 50,000 along with a surety of the like amount. He added that the AAP leader could not travel outside the national capital without permission from t

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Prakash Jarwal
Constituency: DeoIi
Case at: Greater Kailash police station

Two FIRs were registered against him. The first FIR was registered against him in 2014 for allegedly assaulting a Delhi Jal Board engineer when he refused to listen to his instructions while supervising a drilling work in Sangam Vihar. In second case, a woman accused him of molestation and threatening her when she went to DJB to file a complaint in Greater Kailash.

Arrest in assault case: May 23, 2016
Case status: He is out on bail and investigation is on. He was not arrested in the second case. A Delhi court had restrained police from taking any coercive steps for a week against the MLA after he was booked for allegedly molesting a woman outside the DJB office in Greater Kailash area. The court observed that the matter was “not being investigated properly”. Additional Sessions Judge Sunil Chaudhary granted interim relief to the MLA till July 18 after he moved a plea seeking protection from arrest.

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Amanatullah Khan
Constituency: Okhla
Two cases at: Jamia Nagar police station

The first case was registered against him on charges of molestation and allegedly threatening a woman who had visited his house to raise the issue of power cuts. Police also registered a case against him under non-cognizable offences on a complaint by some protesters in his constituency. The second case was registered against Khan after his relative accused him of sexual harassment. A case under IPC sections 354(A) (sexual harassment), 506 (punishment for criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman), 120B (criminal conspiracy) and 498A (husband or relative of husband of a woman subjecting her to cruelty) was registered against Khan and the woman’s husband.

Arrest in the first case: July 24, 2016
Case status: He is out on bail. While granting bail to Khan, the Delhi sessions court rapped police, who told the court that the complainant was being “pressurised to retract her statement”. The court pointed out that the woman had not said it was Khan who had threatened her. The judge said, “She (complainant) alleged she was receiving threatening calls from unknown numbers, asking her to withdraw her case or change the statement. The complainant has nowhere alleged that it was the accused who made any threatening calls to her.” The court added, “There is no material on record to suggest that the accused has threatened or called the complainant to withdraw the case or change her statement”.

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Manoj Kumar
Constituency: Kondli
Case at: New Ashok Nagar police station

A case of cheating was registered against Kumar in 2014 following allegations that he duped his business partner of Rs 6 lakh.
Arrest: June 9, 2015
Case status: The chargesheet is pending and he is on bail. Additional Sessions Judge Raghubir Singh released Kumar on bail on furnishing of a personal bond of Rs 50,000 and a surety of like amount. The court directed, “. with the conditions to the effect that accused should not leave the NCT of Delhi without seeking prior permission of the court concerned. He shall make himself available for investigation as and when called for and shall not try to contact or influence the witnesses. Accused/applicant shall also refrain himself from tampering with or attempting to tamper with the evidence.”

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‘Commando’ Surender Singh
Constituency: Delhi Cantonment
Case at: Tughlaq Road police station

He faced allegation of passing casteist remarks against a New Delhi Municipal Council (NDMC) sanitary inspector. He along with his associates were accused of obstructing the victim and his colleagues from discharging their duty during an anti-encroachment check near Race Course Road.

Arrest: August 21, 2015
Case status: The chargesheet was filed, and the trial is pending. Singh and his associates got bail. Stating that Singh and two other persons were not facing “serious charges such as kidnapping, murder etc,” Metropolitan Magistrate Gomti Manocha granted bail on a personal bond of Rs 30,000 with one surety.

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Akhilesh Pati Tripathi
Constituency: Model Town
Case at: Model Town police station

* He was booked on charges of molestation and rioting

Arrest: November 26, 2015
Case status: A Delhi court acquitted him, while admonishing police for filing trumped up charges against the legislator. “By virtue of testimony of PW (prosecution witness)-1 to PW-3, who turned hostile in toto, the case of prosecution stands not proved. None of the allegations of the prosecution stands proved on record. All averments of prosecution were categorically denied by PW-1 to PW-3 who were examined as eyewitnesses of the present case. Prosecution miserably failed to discharge its burden of proof,” said the court. The court also said the “formal witnesses” were not eyewitnesses of the alleged rioting, and had not actually seen the “accused persons forming unlawful assembly”.

Mahinder Yadav
Constituency: Vikaspuri
Case at: Nihal Vihar police station

He was booked on charges of rioting, damaging public property and assaulting a public servant at a protest in west Delhi’s Nihal Vihar.

Arrest: January 29, 2016.
Case status: He was released on bail and chargesheet is pending. Metropolitan Magistrate Harvinder Singh granted bail to the legislator on the condition that he furnishes a personal bond of Rs 20,000 and a surety of the same amount.

Jagdeep Singh
Constituency: Hari Nagar
Case at: Hari Nagar police station

He was booked on charges of causing hurt, criminal intimidation and wrongful restraint of manager of a waste management company.

Arrest: May 29, 2016
Case status: He was released on bail. The chargesheet is pending.

Dinesh Mohaniya
Constituency: Sangam Vihar
Case at: Neb Sarai police station

He was booked on charges of molestation, causing hurt, criminal intimidation and using word, gesture or act intended to insult the modesty of a woman after he allegedly misbehaved with a group of women who complained to him about water crisis in their locality. Another FIR was registered against him for slapping and manhandling a senior citizen in Govindpuri.

Date of arrest: June 25, 2016
Case status: He was released on bail. The chargesheet is pending. The court granted him bail on a personal bond of Rs 50,000 and a surety of the like amount.

Sharad Chauhan
Constituency: Narela
Case at: Crime Branch police station

A case of abetment to suicide was registered against him in connection with the suicide of a woman worker of AAP. Earlier his associates had been arrested in the case.
Arrest: July 31, 2016
Case Status: He was released on bail. The chargesheet is pending.

Cases against BJP legislators

O P Sharma
He was accused of being involved in assaulting a CPI activist outside the Patiala House Courts Complex on February 15 this year. The BJP leader was chargesheeted on July 19 under various sections of the IPC dealing with voluntarily causing hurt, wrongful restraint, criminal intimidation and common intention.

Case status: Following the filing of the chargesheet, the court slated the matter for September 22 for consideration.

Vijender Gupta
In August, 2013, a court had framed criminal defamation charges against Gupta on a complaint filed by then Delhi chief minister Sheila Dikshit. The charge was framed under under Section 500 of the IPC (defamation). He had pleaded not guilty and claimed trial. Dikshit had accused Gupta of using “uncivilised” language against her in the run up to the MCD polls in 2012 while accusing her of helping and conniving with power companies.

Case status: According to his lawyer Ajay Burman, there was a settlement arrived at by both Gupta and Dikshit at the mediation center at Patiala House three months ago. Both parties agreed to withdraw all cases against each other as a part of the settlement, said the lawyer
Another case: Police had booked Gupta in 2011 under various charges including rioting, being armed with a deadly weapon and assaulting a public servant to deter him from discharging his duty.
Case status: Following the filing of the chargesheet the same year, a court framed charges against him in January 2015. The next hearing for further proceedings is on November 5, 2016.