A Delhi Sessions Court on Tuesday has upheld the order of Magistrate’s Court which had convicted and sentenced Aam Aadmi Party leader Somnath Bharti to two years of jail in AIIMS assault case.

The Court had earlier convicted him under various sections of the IPC including rioting along with mischief causing damage to public property in a 2016 AIIMS assault case.

Special MP MLA Judge Vikas Dhull passed the order while dismissing the plea filed by Bharti against the order of the Magistrate court challenging his conviction and sentence. The Magistrate Court had sent him to two years of jail and had imposed a fine of Rs 1 lakh in January this year.

While partly allowing his appeal, Special Judge Dhull today upheld the conviction of Bharti under Sections 149 & 147 of IPC, along with Section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act, 1984. The AAP legislature was, however, acquitted under charges of 323 and 353 of IPC.

“… the appeal of appellant is partly allowed and part of the impugned judgment convicting and sentencing the appellant for the offence under Section 323/353 IPC read with Section 149 IPC are accordingly, set aside. However, the part of the impugned judgment and impugned sentence order convicting and sentencing the appellant for the offence under Section 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act are hereby affirmed,” it said.

“Accordingly, appeal is dismissed qua the conviction and sentence of appellant u/s 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act. Appellant be taken into custody and be sent to Jail for serving the sentence as awarded by the Ld.Trial Court vide its sentence order dated 23.01.2021 for the offence under Section 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act,” Special Judge Dhull added.

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Bharti, along with 300 supporters, demolished the fence of a boundary wall at AIIMS with a JCB operator on September 9, 2016. The complaint against Bharti was filed by the Chief Security Officer of the All India Institute of Medical Sciences.

A Delhi court on Saturday has granted bail to Aam Aadmi Party MLA Somnath Bharti hours after he was convicted by a court under various IPC sections for allegedly assaulting and using criminal force against security staff of AIIMS and demolishing the hospital wall.

Earlier today, Chief Metropolitan Magistrate Ravindra Kr. Pandey convicted Bharti in the 2016 assault case on AIIMS security staff. The complaint was lodged by AIIMS Chief Security Officer R.S. Rawat with the Delhi Police that the AAP MLA along with his 300 supporters attacked them while they were on duty. The Court had sentenced him to two years in jail. However, the Court acquitted four others in the same case.

The Court said, “The prosecution has duly proved that the mob which was gathered on September 9, 2016, at around 9.45 am at the drain (nallah) behind AIIMS New Delhi was gathered there for demolishing the wall and fence possessed by the AIIMS.”

It further held, “Prosecution has duly proved its case beyond all reasonable doubt against accused Somnath Bharti regarding charges of an offence punishable under Section 323 (voluntarily causing hurt), 353 (assault or criminal force to deter public servant from discharge of his duty) read with Section 149 (every member of unlawful assembly guilty of the offence committed in prosecution of common object) IPC and charge of an offence punishable under Section 3 of The Prevention of Damage to Public Property Act, 1984 and charge of an offence punishable under Section 147 (rioting) IPC read with Section 149 IPC and he is held guilty and convicted for the same.”

The Court refused to accept the argument put forward by the AAP MLA that the security staffer at AIIMS doesn’t come under the category of public servant.

The Court has held, “The security staffers of AIIMS were performing the delegated duties of public servant and are duly covered under the definition of public servant. Hence, the defence of the accused that the security staffers of AIIMS are not public servants is discarded and not accepted.”

It also refused to accept the argument that the demolition of wall was planned and executed by the PWD. The Court observed, “The defence of the accused Bharti that action for demolition of wall and fence possessed by AIIMS was planned and executed by Public Works Department (PWD) does not hold any merit in view of the specific denial of the witnesses from PWD during their examination in chief and their cross-examination.”

The court has acquitted the others accused, namely Jagat Saini, Daleep Jha, Sandeep alias Sonu and Rakesh Pandey, from all charges made against them by the prosecution.

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Amethi Police presented Aam Aadmi Party MLA Somnath Bharti in Sultanpur’s P.K. Jayant MP MLA Court. The Court rejected Bharti’s bail application and sent him to 14 days judicial custody.  Now the bail hearing is scheduled for next hearing on January 13. 

Meanwhile, an FIR was lodged against the AAP MLA for threatening the city Kotwal in Rae Bareli and abusing Chief Minister Yogi Adityanath. City Kotwal Atul Singh said on Monday that an FIR has been lodged against Bharti for threatening the Kotwal and abusing Chief Minister Yogi Adityanath. A case has been registered against Bharti in Rae Bareli under Sections 147, 332, 353, 153, 504, 505, 506 of Indian Penal Code and his bail application is listed for hearing on January 13.

Somnath Bharti, who was in UP to inspect the condition of government schools and hospitals, was arrested from Rae Bareli on Monday on allegations of rioting, promoting enmity between different groups on grounds of religion, race, etc.

Subsequently, another FIR was lodged against him for obstruction of public servant performing his duty, criminal intimidation, etc.

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Allegedly, when the police stopped him from visiting a school in Rae Bareli on the pretext that the Amethi Police wants to interrogate him in connection with a case filed against derogatory remarks, Bharti threatened to get officers “stripped of their uniforms”.