Delhi HC issues notice to police on ex-MLA Asif Mohd Khan's bail plea, seeks reply
Feb 28, 2023
New Delhi [India], February 28 : The Delhi High Court on Tuesday issued notice to Delhi police on the bail plea of Asif Mohd Khan, ex-MLA from Okhla. A case of alleged abuse of police personnel has been registered against him in January this year at police station Shaheen Bagh.
Justice Swarana Kanta Sharma issued notice to Delhi police and directed them to file a reply on the bail plea. The matter has been listed on March 6 for further hearing.
Senior advocate Ramesh Gupta appeared on behalf of Asif Mohd Khan and submitted that it is a regular bail application.
His earlier bail was cancelled by the trial court for alleged violation of conditions imposed by the court while granting bail in another similar matter and is pending before another bench of the high court, the senior advocate submitted.
Asif Mohd Khan has moved a bail application through advocate Shailendra Singh seeking regular bail.
It is submitted that on January 4, 2023, the present FIR was registered at P.S Shaheen Bagh and the petitioner was arrested from his residence on the same day he was produced before the Court and was sent to judicial custody.
It is also submitted that the Additional Sessions Judge, Saket Court erroneously dismissed the bail application of the petitioner on 28.01.2023.
The arrest of the petitioner is without following the guidelines of Arnesh Kumar Judgment as all offences punishable in the present FIR are punishable up to 3 years and no notice to join an investigation under 41 CrPC was given which clearly indicates the fact that the police are totally inimical to the petitioner and without caring of the law has arrested the petitioner, the petition stated.
It is alleged by the complainant constable Dharam Pal attached to the Police Station that he was on duty and was trying to locate a thief in the area as there is a theft.
He also alleged that he asked one boy about his whereabouts of him when he went on the motorcycle. Then later at around 2:10 pm, he came along with the accused Asif Mohd Khan who started abusing the complainant and uttered words about his post, etc and then even tried to agitate the crowd by using derogatory words because of which the peace in the area was disturbed.
It is argued that this is totally false claim of the constable as there is no PCR call that there was any disturbance of peace in the area and/or the crowd which might have collected would have agitated.
It is also submitted that there is a video of the incident in which he is making specific allegations about the police officials that they are collecting money from the spot. Though he may be abusing but no offence of wrongful obstructing the police in the discharge of official duty is made out, yet they registered the second case so that his bail can be cancelled.
The bail cancellation in FIR No 419 of 2022 was listed on the same day before the ASJ, South East, Saket on 28.01.2023 which was cancelled. The petitioner has also filed a bail application before the High court of Delhi challenging the order of 28.01.2023.
A case under sections 186, 353, 341 and 153 A of IPC has been registered against Khan. He is custody since January 4.
