West Delhi MP in trouble: HC asks trial court to consider summons

While he campaigns for his brother’s wife who is contesting a Delhi municipal seat,legal trouble seems to be brewing for Mahabal Mishra,Congress MP from West Delhi.

Written by Utkarsh Anand | New Delhi | Published: April 4, 2012 3:04 am

While he campaigns for his brother’s wife who is contesting a Delhi municipal seat,legal trouble seems to be brewing for Mahabal Mishra,Congress MP from West Delhi.

Noting that there were specific allegations against Mishra,his wife Urmila Mishra,daughter Kiran and brother Hira Mishra,the Delhi High Court has asked a trial court to “consider provisions” under which they “can be summoned” in connection with a 2006 case involving charges of kidnapping,rape,wrongful confinement and criminal intimidation.

Justice M L Mehta allowed a petition by the victim and her father who had sought a directive to the trial court to initiate prosecution of Mishra,a former MLA,and his family members,and also one Kanshi Ram,for their alleged involvement in the case.

The father-daughter duo alleged that she was confined at Mishra’s office in Mahavir Enclave and his brother’s house for some days after being kidnapped and that his family members told her to marry the prime accused who faces the rape charge.

Setting aside the trial court order which,citing lack of evidence and legal provisions,declined to summon Mishra and others,Justice Mehta relied on the girl’s statements before the police and a magistrate while noting that her version was “prima facie enough to show their involvement” in the case.

“At this stage,prima facie view was to be made on the face of material available on record,without doing much and deeper analysis thereof. It was not the stage to see as to whether the girl’s statement wherein she has named aforesaid accused persons and attributed specific role to them,would ultimately result in conviction or not of these persons… I am of the view that miscarriage of justice has resulted and that calls for invoking jurisdiction of this court,” Justice Mehta said.

He sent the matter back to the trial court where the case is at the stage of consideration of charges: “The matter is remitted back to the court of Sessions to examine as to the provisions under which the aforesaid accused persons kept in Column No. 2 in the supplementary chargesheet can be summoned and then proceed further as per law.”

Speaking to Newsline,Mishra refuted the allegations and said the case was “politically motivated”.

“I have no knowledge if I have been asked by the High Court to be summoned. The entire case is a smear campaign against me and my family. I have never known any of the accused persons or the girl’s family. Moreover,the trial court is yet to issue any process against me,” Mishra said.

The case relates to an incident in November 2006 when one Pradeep Sehrawat allegedly kidnapped the 16-year-old when she was on her way to tuition in a West Delhi locality.

It is alleged that Sehrawat kept her confined for eight days at different places,including those under the control of Mishra and his brother,with the help of his father and two uncles. Her father approached the police and a kidnapping case was registered.

She showed up before a local court a few days later and was sent to an observation home. In her statement before a magistrate in January 2007,she specifically accused Mishra and his family members of involvement. Pradeep was arrested in February 2007 while three others were held subsequently.

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