March 25, 2021 5:29:41 am
A day after he was convicted in a case of rioting and sent to jail, the Delhi High Court Wednesday suspended the conviction and sentence of AAP MLA Somnath Bharti. Sentenced to an imprisonment of two years by the trial court, Bharti approached the High Court Wednesday and sought an urgent hearing in the case. The case came up for hearing before the court of Justice Suresh Kumar Kait which, while issuing notice to the state, listed the case for further hearing on May 20.
A Special MP/MLA court had Tuesday upheld the sentence given to him in January by the trial court for leading a mob which tried to break a wall built by AIIMS and pelted stones at the hospital’s security staff when they intervened. Bharti was convicted under Section 147 IPC read with Section 149 IPC and under Section 3(1) of Prevention of Damage to Public Property (PDPP) Act and acquitted of the offences under Section 323/353 IPC read with Section 149 IPC.
In the revision filed on Wednesday, Bharti argued that the case against him is of “no evidence” and the judgment passed by the Special Judge on Tuesday relies upon “the conjectures and surmises based upon the totally false and fabricated story of prosecution”. The PDPP Act cannot be attracted in the case as it does not involve any public property and there is no incriminating evidence attributing any specific role to Bharti, the plea adds.
The Special Court in the verdict Tuesday had ruled that Bharti shared the common object with the members of the unlawful assembly for breaking the wall and fence so that residents of Gautam Nagar locality can get access to the road built on the drain for going towards the Ring Road. Bharti in the revision has said that AIIMS was not the owner of the wall and there is no evidence to show that SDMC ever permitted or authorised it to construct the wall.
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