A city court on Tuesday refused to grant bail to Prakash Jarwal, the Aam Aadmi Party (AAP) MlA from Deoli Assembly seat. The court ruled that it could not ignore the fact that the lawmaker had “openly violated the dignity” of a 56-year-old public servant who was “honestly discharging duties”.
Jarwal in judicial custody along with his party MlA from Okhla seat Amantullah Khan for allegedly assaulting Chief Secretary Anshu Prakash while he had gone to attend a late night meeting at the residence of Chief Minister Arvind Kejriwal on February 19.
Special Judge Anju Bajaj Chandna refused to grant bail to Jarwal, who had sought the relief on the ground that he was young and recently married, observing that the situation could not be more alarming when lawmakers do not respect the rule of law.
“This is not the case of a simple assault. The aggression shown by the accused towards the top bureaucrat, that too at the house of the Chief Minister, itself demonstrates that applicant has no respect for law and he can go to any extent to serve their interest.
“It is not only undemocratic and against the principles of good governance but would create fear in the minds of other officers and would shake the confidence of people in law enforcement machinery. The situation cannot be more alarming when lawmakers themselves do not respect the rule of law,” the judge said while dismissing the plea filed against the order of the magistrate rejecting his bail.
The court said if released on bail, there was a possibility of Jarwal trying to influence witnesses or tamper with evidence. “Applicant being the elected MlA holds the position of authority and there is every possibility that if released on bail, he may try to influence the witnesses or tamper with evidence. It is true that applicant is a young politician and got recently married, but this cannot be ignored that he openly violated the dignity of a 56-year-old public servant who was honestly discharging duties.
“Considering the seriousness of the offences and previous involvements of the accused and to ensure fairness of investigation which is at its crucial stage, I find no jurisdiction to grant regular bail to the accused,” the court said.
“The complainant Anshu Prakash has been specific and categorical in narrating the circumstances about the incident and same is substantiated by his medical report. Adviser to the CM VK Jain has also given his statement on oath confirming the allegations,” it said. The court said that assaulting a public servant in discharge of his duties was a serious offence and the peculiar facts and circumstances of this case made it more serious.
“The threats extended by the applicant combined with attitude of aggressive character towards public servant holding high position, is totally unacceptable,” it said. Jarwal's wife and some other family members, who were present in the courtroom, later said they would move the High Court.
