Coming as a big relief for AAP MlA Somnath Bharti, the Delhi High Court on Tuesday asked the Delhi Police not to take any coercive steps against him till Thursday.
The court declined the Delhi Police’s request not to grant any interim protection from arrest to the former Delhi law Minister, in connection with a domestic violence and attempt to murder case filed by his wife, saying, “I have to consider the material on record, so you file your affidavit in this regard.”
Justice Suresh Kait while passing the interim order also issued notice to Police, directing it to file a status report in the case by September 17, the next date of hearing.
“If you do not want to file your response, tell me, I will hear it today itself and pass the order,” the court said, adding “Notice issued. Meanwhile, Delhi police shall file their status report. No coercive steps till then.”
The order came on the AAP MlA’s plea seeking anticipatory bail in view of the non-bailable warrant issued for his arrest by a trial court on Monday.
Appearing for Bharti, senior advocate Dayan Krishnan argued in court that the sum and substance of the FIR against the MlA was a matrimonial dispute which has been “blown out of proportion” in view of his “elected position”.
Krishnan, assisted by advocate Vijay Aggarwal, questioned the need for custodial interrogation in the matter, asking “what will they do with custodial interrogationIJ Beat a confession out of himIJ That would be inadmissible.”
AAP advises ex-law Min to ‘surrender’
The ruling Aam Aadmi Party on Tuesday asked its MlA Somnath Bharti to surrender before police even as the former Delhi law Minister approached High Court seeking protection from arrest in a case related to domestic violence and attempt to murder filed by his wife. Sources said the party was upset with Bharti as it is unable to contact him.
“We are trying to contact him, but are not able to. We advise him to surrender before police,” said AAP leader Ashutosh.
Party sources, meanwhile, said that Bharti’s “remaining incommunicado” was sending a wrong signal as AAP has been maintaining the stand that Delhi Police has been victimising its MlAs by arresting them.
Three AAP MlAs — former law Minister Jitender Singh Tomar, Manoj Kumar and Surinder Singh — have faced arrest. If taken into custody, Bharti will be the fourth AAP MlA to be arrested in the last four months.