Delhi court upholds AAP MLA Somnath Bharti's conviction in AIIMS assault case, taken into judicial custody

Mar 23, 2021

By By Sushil Batra
New Delhi [India], March 23 : A Delhi court on Tuesday upheld the conviction of Aam Aadmi Party (AAP) MLA Somnath Bharti in connection with a case of assault of All India Institute of Medical Sciences (AIIMS) security staff and destroying public property while dismissing his appeal partly.
The court upheld the conviction of Bharti under Sections 149 and 147 of IPC (Indian Penal Code), along with Section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act, 1984.
"..Appellant (Somnath Bharti) be taken into custody and be sent to Jail for serving the sentence as awarded by the 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...." the court-ordered.
The AAP legislature was, however, acquitted under charges of 323 and 353 of IPC.
In his appeal filed through advocate Mohd Irshad, Somnath Bharti has challenged trial court order dated January 22 convicting him in the matter and the January 23 order sentencing him to two-year jail term.
The sessions court had stayed the judgement of magistrate court on an appeal filed by Bharti challenging orders of the magistrate court.
According to the prosecution, on September 9, 2016, AIIMS Chief Security officer RS Rawat lodged a complaint with the Delhi Police accusing MLA Somnath Bharti and his 300 supporters of misbehaving with security guards of AIIMS.
Rawat also told the police that Bharti gave permission to unauthorised persons with JCB machines to get access inside AIIMS.
The chief security officer accused AAP MLA and others of trying to encroach government land and disrupting peace in the hospital.