Delhi chief secreatary ‘assault’ case: Court rejects plea for custodial questioning of AAP MLAs

However, Metropolitan Magistrate Shefali Barnala Tandon pointed out that names of 11 MLAs had already been filed by the defence. “In the present matter, the ground which remains for seeking PC of both the accused is to establish a motive and confrontation, which is not the purpose of PC remand, hence the application stands dismissed,” the court said. At the start of proceedings, Shrivastava submitted to the court: “Atithi Devo Bhava. The chief secretary was called and later assaulted. What kind of treatment is this?” He said the accused were not cooperating in the investigation.

Defence counsel B S Joon opposed the remand application, saying: “Atithi Devo Bhava, but the law is not same for senior officers and for everyone.” Joon submitted that CCTV footage from the entry and exit gates of the CM’s residence show that the complainant’s vehicle was there for only seven minutes and eight seconds. “Hence the accused persons have been falsely implicated with a political motive, which is a known fact… Surprisingly medical examination of the complainant was conducted after registration of the FIR under IPC 332 (voluntarily causing hurt to deter public servant from his duty). How could be an FIR be registered without the MLC under this section?” Joon submitted.

The prosecution had filed an application seeking 14-days judicial custody, since the accused if released, would “demolish the evidence at the spot”. The judge directed the DCP to personally monitor the case as it is “highly sensitive”. The court will hear the bail application on February 22.