A city court has acquitted the Patel Nagar MLA and now Delhi Minister Raaj Kumar Anand and an MCD councillor Ankush Narang in a case related to a protest held near the residence of former Delhi BJP president Adesh Kumar Gupta in March last year, saying there were innumerable lapses in the investigation.
Additional Chief Metropolitan Magistrate Vidhi Gupta Anand was hearing a case against Anand and Narang -- who were accused of participating in a protest near the residence of Delhi BJP chief Aadesh Gupta in West Patel Nagar without prior permission and without maintaining social distancing or wearing masks on February 26 last year.
Anand is a minister for Social Welfare, Labour, Employment, SC & ST, Land & Building, Cooperative, Gurudwara Elections in Arvind Kejriwal led Delhi government. The AAP leaders were booked under Section 188 read with 34 of IPC for disobedience of order duly promulgated by a public servant.
Delhi Police accused them of marching while shouting slogans without any prior permission from the Competent Authority and not maintaining social distancing and wearing masks.
At the time of the alleged protest, an order issued by the assistant commissioner of police, Patel Nagar was in force. The order said though social restrictions were lifted on account of a declining number of Covid cases, wearing masks and maintaining social distancing, as mandated in the National Directives for COVID Management, would continue, the prosecution said.
"There are innumerable lapses in the investigation conducted by the investigating officer (IO) -- not conducting inquiries from public witnesses, no preparation of site plan, not recording statements of the station house officer or the assistant commissioner of police and other eyewitnesses, to mention a few," the court said.
It said the most glaring omission was not bringing the video of the incident on record, despite it being available with the IO."Mere statement of the IO that he has changed his mobile phone and therefore, does not remember receiving the video of the incident appears to be nothing more than a flimsy excuse and it is a separate question as to why the IO did not produce the most clinching piece of evidence in the court despite having received it," the court said.
"There is no specific number of the persons who participated in the protest march. While one witness says it would be around 50-60 persons, the other says that it would be around 100-150 persons and despite that, only two persons have been made accused in this matter," the court said.
It said the time of the protest remained unclear as the witnesses gave different answers and that no police witnesses were examined apart from a constable.
"It is held that the prosecution has failed to discharge its burden of proving the guilt of the accused persons. Hence, both the accused persons are held not guilty and acquitted for the offence under IPC sections 188 (disobedience to order duly promulgated by public servant) and 34 (common intention)," the court said.
