Somnath Bharti in judicial custody till Oct 19, Lipika says no to mediation
Earlier in the day, the apex court disposed of Bharti's anticipatory bail plea after his wife Lipika refused to undergo mediation.
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The Supreme Court Monday sent MLA Somnath Bharti back to trial court, after his estranged wife shot down his proposal to give mediation a chance in a domestic violence and attempt to murder case filed by her against him. Hours after the top court disposed of his petition, a Delhi court extended his judicial custody till October 19.
The SC bench of Chief Justice H L Dattu and Justice Amitava Roy took on record a “positive no” by Bharti’s wife, Lipika Mitra, who was present in the court room. It asked Bharti’s counsel to move the trial court for bail.
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“Now that your plea of anticipatory bail has been rendered infructuous after you surrendered, it is for you to move for regular bail. But it is for the magistrate to now consider your application. Nothing survives in your petition here,” the bench told his counsel Vijay Aggarwal.
Stating that the court would treat this as an “exceptional case,” the bench asked the magistrate to consider Bharti’s bail application either on the day it is filed or the next day, and decide it expeditiously. The bench clarified it had not touched the merits of the case and the magistrate would decide his bail plea in accordance with law.
On October 1, the bench had refused to order the AAP leader’s release from police custody and asked Bharti “not to take it for granted” the top court would entertain his bail plea in this case.
On Bharti’s plea for referring the matter to mediation, the bench had said it would seek a response from his wife, but not compel her. Last week, the bench had ordered Bharti to immediately surrender before police, underlining it will not protect an “absconder”.
Meanwhile, Bharti moved a Delhi sessions court for bail after Metropolitan Magistrate Manika extended his judicial custody by 14 days. Police had moved a plea for Bharti’s custody, stating he could influence witnesses. District and sessions judge Ravinder Kaur marked the plea before Additional Sessions Judge Anil Kumar, who will hear the matter Tuesday.
Bharti alleged he was not given food in the lock-up cell inside the Dwarka court. The court sought the response of the lock-up authorities and jail superintendent to his allegation.
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