A Delhi court on Wednesday discharged Delhi Chief Minister Arvind Kejriwal and Deputy Chief Minister Manish Sisodia, along with nine others, in the assault case involving the then Chief Secretary Anshu Prakash.
However, the Court held that prima facie case for offences under Sections 186/332/353/323/34 IPC is made out against the accused AAP MLAs Amanatullah Khan and Prakash Jarwal
The judgement was pronounced by Sachin Gupta, Additional Chief Metropolitan Magistrate, Rouse Avenue Courts, Delhi.
The Court, however, ordered for framing of charges against MLAs Amanatullah Khan and Prakash Jarwal.
The Court observed: “It appears that the alleged incident with the complainant happened suddenly, after some of the MLAs started questioning him over some issues and in the spur of the moment, two MLAs allegedly assaulted and hit him, without any conspiracy, prior meeting of minds or pre-meditation amongst the accused persons present there.”
Accordingly, Mr. Arvind Kejriwal, Mr. Manish Sisodia and nine MLAs, namely, Rajesh Rishi, Nitin Tyagi, Praveen Kumar, Ajay Dutt, Sanjeev Jha, Rituraj Govind, Rajesh Gupta, Madan Lal (A-12) and Dinesh Mohania were discharged by the Court.
At the outset, a complaint was lodged by former Chief Secretary Anshu Prakash on February 20, 2018, alleging that an assault was committed upon him during the midnight of February 19, 2018, at the residence of Mr Kejriwal. It was stated that a meeting was called at the house of Mr Kejriwal to discuss the issue of difficulty in releasing certain television advertisements highlighting the achievements of the Delhi Government over the last three years. Mr Kejriwal, Mr Sisodia and 11 AAP MLAs were present during the meeting, wherein the MLAs started abusing Mr Prakash and blamed him for not doing enough for publicising the work of the Delhi Government. He further stated that MLAs Amanatullah Khan and Prakash Jarwal even hit him and gave several fist blows on his head. He alleged that the assault was premeditated and done in conspiracy of all present with intention to criminally intimidate him and to deter him from discharging his lawful duty, as also to compel him to follow unlawful directions.
Subsequently, Mr Kejriwal, Mr Sisodia and 11 AAP MLAs, including Mr Khan and Mr Jarwal, were charged for the offence of unlawful assembly, criminal conspiracy and criminal act, done in furtherance of common intention of all.