New Delhi, Feb 13 (UNI) A Delhi court on Thursday granted interim protection to AAP MLA Amanatullah Khan till February 24 who allegedly attacked a police team in Jamia Nagar on February 10.
Special Judge for MPs/MLAs cases, Jitendra Singh after hearing arguments on behalf of Prosecution and Defence counsel said, " This Court is of the considered opinion that applicant has made out a case for interim protection till the next date of hearing.
In the meanwhile, the applicant is directed to join the investigation as and when required by the Investigating Officer".
The court further said," The IO is directed to procure and produce the CCTV Footage in an around the place of incident for determining the nature and gravity of the allegations. No coercive steps be taken against the applicant Amanatullah Khan till the next date of hearing. Be listed on 24.02.2025".
Police has alleged that the police team reached the place of incident at 03:00 PM on 10.02.2025, for the arrest of accused Shahwez Khan in relation to FIR bearing no. 11/2018. At the time of arrest of the accused, the applicant along with 20 to 25 persons reached the spot and started to cause obstruction in discharge of official duty which resulted in scuffle.
It is further alleged that the applicant along with his associates took away accused Shahwez Khan from the spot. On the abovementioned allegations, FIR u/s 221/121(1)/132/191(2)/190/263(b)/351(3)/111 of Bhartiya Nagarik Samhita, 2023, was registered at PS Jamia Nagar, New Delhi.
Counsel for Amanatullah submitted that the malafide intention of the police team can be gathered from the fact that they went to arrest one Shahwez Khan who was already on anticipatory bail. Counsel further submitted that the applicant is a sitting Member of Legislative Assembly from Okhla Constituency. Hence, there can be no apprehension of flight risk or evading process of law by the applicant. It is further submitted that applicant is ready to join the investigation as and when required by the Investigating Officer. Counsel prayed to the court that the present anticipatory bail of Amanatullah may be allowed.
Prosecution opposed the anticipatory bail on the ground that the custodial interrogation of applicant/accused is required in the instant matter for further investigation. So anticipatory bail application of the applicant be dismissed.
The court said," The order sheets reveal that vide order dated 18.07.2018, the direction was issued to the accused Shahwez Khan to join the investigation on 19.07.2018 in relation to FIR bearing no. 11/2018 and interim protection was also granted".
The court further said," Thereafter, the said accused filed a plea for anticipatory bail on 30.07.2018".
The court said," The allegation of the police team that the applicant was instrumental in facilitating the escape of accused Shahwej Khan does not seem to carry weight as he (Shahwej Khan) was already on anticipatory bail in the case in which allegedly police had gone to arrest him".
The court said," It is clarified that nothing mentioned herein above shall tantamount to expression of opinion on the merits of the case".
UNI XC CS1942