"Dire need to ensure dignity of police," says Delhi Court dismissing bail plea of ex-MLA Asif Mohammad Khan

New Delhi [India], November 29 : A Delhi Court on Tuesday dismissed the bail plea of former MLA Asif Mohammad Khan accused of allegedly manhandling and abusing a police officer on duty in Shaheen Bagh area.
The court said, "The language, actions and conduct of the accused against public servants are to be viewed strictly and is strongly condemned."
The accused was arrested on November 25 and is presently in judicial custody.
Metropolitan magistrate Shikha Chahal, while dismissing the bail plea of Asif Mohammad Khan, said, "There is a dire need to ensure that the dignity of police officers is protected so that they can ensure public safety, and conflict between police and public is discouraged as in the present case."
"Police officials have no choice, but to go into situations of danger or conflict and such incidents as in the present case are against the rule of law, " the court added.
The court also said that the allegations against the accused is grave in nature, even if the punishment is less than seven years.
The court noted that the accused is an influential person, who is a former MLA and has a responsibility towards society, but he has committed offences against police officials of Shaheen Bagh police station on the date of the incident and has used derogatory as well as abusive words even against the uniform of the police and threatened SI Akshay in front of his subordinates and local public, which has adverse societal impact and has detrimental effects on the police-community relationship which is critical to maintaining public safety as well as effective policing.
Furthermore, the accused does not deserve any leniency at this stage as the investigation is at the initial stage and the likelihood of a similar offence being repeated cannot be ruled out, the court added.
In view of the above-said reasons, the gravity of the offence and the possibility of the accused committing similar offences and threatening the witnesses and tampering with the evidences cannot be ruled out, this Court is not inclined to grant bail in the case at this stage, the order said.
On Monday the Court reserved the order on the bail plea after hearing the arguments.
Advocates Vipin Chaudhary and Alim Mijaz had submitted that the case has two sections, one of which is bailable. Another has a maximum punishment of two years.
It is also submitted that the offence of promoting enmity between two groups, is not made out against the accused, as there are no religious communities involved in the matter.
The counsel also submitted that the accused had been in custody for three days. He will fulfil all the conditions the court imposes for granting bail. His daughter is contesting elections and his wife is paralysed and bedridden.
The counsel alleged that the rival candidate of the opposition party gave money to the Maulvi of Tayyab masjid and asked him to convince the people to cast their vote in his favour. The accused opposed this as the code of conduct is in place for the MCD election.
On the other hand, Delhi Police opposed the bail and said there are six previous cases registered against the accused.
There are serious allegations against the accused. He defamed the police. It is a serious offence as the police is an institution and it is serious to defame it, the assistant public prosecutor said.
It is alleged that the accused abused and manhandled complainant SI Akshay who tried to stop the accused from attending a meeting.
The counsel for the accused said that he was not doing a meeting, he was just protesting against what has happened there.
The court asked the counsel if he was not doing a meeting, then why he was holding a Mike.
The counsel said the public officer was favouring the other party. He is supposed to be neutral.
The court asked, "Does this give you a right to abuse a public servant?
The counsel said, there must be something, no one abuses without a reason.
As per the allegations of Delhi Police, on November 25, a gathering of 25-30 people in front of Tayyab Masjid was observed.
The Police reached in front of Tayyab Masjid where one Asif Mohammad Khan, who is the father of congress MCD Counselor Candidate Ariba Khan, and a resident of Thokar No 09, Shaheen Bagh, Delhi along with his supporters was present in front of Tayyab Masjid and was addressing the gathering using loud hailer, police alleged.

When SI Akshay asked Asif Mohammad Khan for permission from the Election Commission to gather and address the public, he became aggressive and started misbehaving with him.
It is alleged that Asif Mohammad Khan used abusive language and used criminal force and manhandled SI Akshay.
In this regard, a case has been registered on the complaint of SI Akshay under sections 186 and 353 of the Indian Penal Code (IPC).