Jailed AAP MlA Somnath Bharti today suffered a double whammy with the Supreme Court denying him interim bail and the trial court extending his custodial interrogation by three more days in an alleged domestic violence and attempt to murder case lodged by his wife.
Hours after the apex court denied interim bail to the 41 -year old controversial MlA from Malviya Nagar and sought the presence of his wife on Monday to explore the possibility of mediation, the trial court accepted the Delhi Police demand to extend his custodial interrogation on the grounds that two days was not enough to complete his questioning.
An apex court bench, comprising Chief Justice H l Dattu and Justice Amitava Roy, denied the oral plea of Bharti's counsel and senior advocate Gopal Subramaniam for interim bail till October 5 when it will hear the issue of mediation, saying the plea has become infructuous after his surrender.
The apex court said it would await the outcome of the proceedings before the Magistrate, who ultimately did not grant relief and allowed the plea of the police that the MlA be sent for further custodial interrogation.
Bharti made allegations against the police both in the apex court as well as the trial court that the investigators did not allow him to consult his lawyer after his surrender and that he was allegedly tortured in custody.
While in the apex court Subramaniam submitted that the trial court should not have granted police custody of Bharti after he surrendered as his petition was pending, another counsel appearing for him before the magistrate took a similar line of argument to suggest that the AAP MlA should be sent to judicial custody instead of police remand.
During the hearing in the Supreme Court, which posted the matter for Monday to ascertain the stand of Bharti's wife lipika Mitra on the issue of settling the dispute through mediation, a verbal duel was witnessed between a judge and Subramaniam.
In its order, the apex court took on record the letterwritten by Bharti's lawyer on his behalf that the AAP MlA from Malviya Nagar, was willing for a settlement with his wife lipika Mitra through mediation for the sake of their children.
The bench issued notice to his wife and sought her presence on Monday to know her stand on the possibilities of mediation.
The bench also said "we kept the appeal pending because we wanted to know if the lady (lipika Mitra) is ready to go for mediation.
Earlier during the day, Subramaniam expressed "surprise and worry" before the apex court saying that the trial court had granted police custody notwithstanding Bharti's surrender during the pendency of his plea in the apex court.
However, the bench cautioned him that he should not take it for sure that bail would be granted on the next date of hearing. To this, Subramaniam said the court can only give order and not assurance.
This further prompted Justice Roy to say "ultimately it is the privilege of the court to pass orders. ... We are just trying to clear the air you have created," the judge said, evoking further reaction from the senior advocate who shot back, saying "I have not created air and I can't be attributed to any presumption."
later, Bharti was produced before Metropolitan Magistrate Manika on expiry of his two-day police remand and police sought extension of his remand by five days saying the earlier time period was "not sufficient".
The police told the trial court that Bharti was not cooperating in the interrogation and several points have to be investigated and he was also not cooperating with the probe.
It said that Bharti's custody was also required to know about the persons who had harboured him while he was evading arrest alleging that they have criminal background.
The agency said it has strong apprehension that he has taken the knife and jewellery articles along with him which needs to be recovered.
The extension of police custody was opposed by advocate Vijay Aggarwal, who appeared for Bharti, saying that the matter was already pending before the Supreme Court.
During the hearing, the former law minister alleged torture at the hands of the police. "The DCP took of my kurta and tried to disrobe me. The police also brought a knife and asked me to accept that it was recovered during the probe," Bharti said adding that the police also tried to get his signature on some papers.
Delhi Police had then registered an FIR against Bharti under sections 307 (attempt to murder), 498A (cruelty towards wife), 324 (voluntarily causing hurt by dangerous weapon), 406 (criminal breach of trust), 313 read with 511 (attempt to cause miscarriage without woman's consent), 420 (cheating) and 506 (criminal intimidation) of IPC.