Delhi court issues notice on plea challenging release of AAP MLA, his wife on probation

New Delhi [India], August 16 : The Rouse Avenue Court on Wednesday issued notice on an appeal challenging the order of sentence and release of AAP MLA Abdul Rahman, and his wife on probation for one year in a case of assaulting a woman principal of a Government school in 2009. 
Special (MP/MLA) judge Geetanjali Goel issued notice on the petition of one Razia Begam, the victim who was assaulted by the respondents. 
The matter has been listed on August 31 for further hearing. 
The present criminal appeal has been filed under Section 11 (2) of the Probation of Offenders Act, 1958, by the appellant for setting aside the order on sentence dated June 7, 2023, by which the respondents were given the benefit of probation and released on probation.
On June 7, 2023, the Court released AAP MLA from Seelampur Abdul Rehman and his wife on the condition of keeping peace and being of good behaviour. They were convicted in the month of April in a case of assault of a government servant.
While releasing the convicts the court had said, "The offences proved against the convicts are not punishable with death or imprisonment for life and I am of the opinion that having regard to the circumstances of the case, it is expedient to release them on probation of good conduct."
The court passed the order after considering the report of the probation officer and said that the convicts have fixed abode in the local limits of the National Capital Territory of Delhi, they are gainfully employed and as per the report of the Probation Officer, they have favourable and positive report about their behaviour; there are no complaints of anti-social behaviour against them.
The report of the Probation Officer further states that the convicts have mental agony due to the present case and have good chances of reformation, the judge had said.
The court had imposed conditions including the convicts shall not involve themselves in any offence and registration of any further case shall make them liable for cancellation of probation.
The convicts shall receive the sentence as may be given by the Court if the benefit of probation is withdrawn, the court said.
The convicts shall maintain peace and harmony and refrain from criminal activity, the court directed.
The court also directed that the convicts further instructed to deposit Rs 13,579 as the cost of prosecution.
The court had directed further that the matter shall be taken up again after a gap of 12 months for further consideration on punishment in terms of section 4 of the Probation of the Offenders Act, 1958.
"In the meanwhile, it is specified that any breach of the peace will have consequences as per law," the judge said in the order passed on June 7.
The Court had convicted a Member of the Legislative Assembly (MLA) from the Seelampur constituency, for criminally intimidating and assaulting a Government School Principal in the year 2009. He is a MLA from Aam Aadmi Party (AAP).
The Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal had convicted MLA Abdul Rehman and another accused Asma under offences for Assault/ criminal force to deter public servant from discharge of his duty and Criminal Intimidation with common Intention.
The court said, "Having carefully considered the entire case, the documents placed on record, the police report, the testimonies of the prosecution witnesses, the statement of accused persons, the arguments advanced by both the sides and the provisions of law and the rule of procedure, this court holds that the prosecution has successfully proved its case, beyond reasonable doubts, against accused Asma that she caused simple hurt on the person of a public servant in discharge of her duties".
The prosecution has further proved beyond reasonable doubt that both the accused persons i.e. Abdul Rehman and Asma, in furtherance of their common intention, criminally intimidated the complainant and assaulted her, while she was holding the office of public servant and was in discharge of her duties as public servant, to deter her from discharging her duties, said the Court.
Accordingly, both the accused are hereby convicted for the offences u/s 353/506 (Para II) r/w 34 IPC and additionally, the accused Asma is hereby separately convicted for the offence U/s 332 IPC, Court had said in order.
According to the Police, the complaint of Razia Begum, who at the time of the incident was employed as a Government Servant, working under the Directorate of Education and on the date of the alleged incident she was holding the post of Principal of a Government School.
As per the complainant, on February 4, 2009, while performing duties as a Principal of SKV School, Jafrabad, Delhi, she was slapped by the accused Asma, thus causing hurt to the complainant.
It was further alleged that the co-accused Abdul Rehman along with a few other persons barged into the school. As per the complainant, the accused persons also threatened to kill her and also abused her with the intention to outrage her modesty.
In the matter, a charge sheet was filed in the court. On the basis of the charge sheet and annexed documents, cognizance of offences was taken and the accused persons were summoned to face trial.
After hearing the parties, a charge of offences under section 451/323/506/509/34 IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial, noted the court.