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Chief Secretary assault case: HC reserves order on bail plea moved by AAP MLA

Team SoOLEGAL 8 Mar 2018 1:40am

Chief Secretary assault case: HC reserves order on bail plea moved by AAP MLA

New Delhi: Justice Mukta Gupta of the Delhi High Court reserved order on the bail application moved by AAP MLA Prakash Jarwal arrested in connection with the assault case of  Delhi's Chief Secretary(CS) Anshu Prakash.The bail was earlier rejected in sessions court.

The court saw heated exchanges between counsels of  CS ,MLA Prakash Jarwal and Delhi Police.The counsel for CS,  Sidharth Luthra informed the court that after the February 19 incident, he was  served a notice by the Privileges Committee for skipping a meeting on February 20, which was scheduled a day after he was allegedly assaulted by two AAP MLAs -- Amanatullah Khan and Prakash Jarwal.The harassment of his client was happening both directly and indirectly.

On hearing this the court observed that CS  was being harassed by AAP MLAs by "hook or crook" for pursuing his complaint of alleged assault during a meeting at the chief ministers residence and this "very unfortunate" incident did not reflect the working of a civilised society.

Senior advocates Rebecca John and Dayan Krishnan, appearing for Jarwal, claimed that only heated arguments took place between the MLAs and the chief secretary and no assault occurred.They sought bail for him saying that he was ready to abide by any condition. He would give an affidavit that if he violated any condition, his bail should be cancelled.On the allegation that he was putting pressure on the officer through issuance of notice by an Assembly panel, John said Jarwal, who has been in custody since February 20, had nothing to do with the notice.

Advocates Rahul Mehra and Sanjay Lau, appearing for the police, opposed the bail plea and said there was an issue was of trust deficit.They said according to the medical report of the senior bureaucrat, his injuries were of simple in nature but two of the provisions invoked on Jarwal were non-bailable.However the presence of Luthra as CS counsel was questioned by Mehra who asked in what capacity was the bureaucrat briefing a private counsel when the State was already in court to argue the case.

While reserving its verdict,the court sought a status report from the Delhi Police on Khans bail application by March 12.

Justice Gupta said, "I am concerned that if a person is assaulted in the presence of the chief minister and the deputy chief minister (Manish Sisodia), what will happen at other places? How should I be satisfied that no such incident would take place in future?"She said, "It is a very unfortunate situation where the State and the officers feel unsafe and are being threatened by each other."

The court also noted that it is a third case against Jarwal of allegedly obstructing a public servant in discharge of duties.

While Deoli MLA Jarwal was arrested on February 20, Khan was taken into custody on February 21. Their 14-day judicial custody will end tomorrow.



Tagged: Delhi High Court   Chief Secretary Assault   Delhi Police  
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