In a major setback to Aam Admi Party (AAP) MlA Somnath Bharti, the Kejriwal Government on Wednesday gave sanction to prosecute criminal proceedings against the MlA in connection with the alleged misbehavior with some African women during a midnight raid in South Delhi on January 15-16, 2014.
Interestingly, the Kejriwal Government was sitting on the prosecution order for the past two months but the nod to prosecute Bharti was given after the MlA failed to appear before police despite being asked to do so by the AAP convenor, according to sources.
“And whereas it is necessary in the interest of justice that criminal proceedings should be instituted against accused person Somnath Bharti at the court of competent jurisdiction for their trial in respect of the said offences alleged to have been committed by them,” the prosecution order said.
The prosecution sanction has been given under sections 153A of the Indian Penal Code, 1860 (45 of 1860) along with other offences in case FIR no 76/2014 dated January 19, 2014 registered at Malviya Nagar police station.
Top sources told The Pioneer that the copy of prosecution order has been forwarded to Delhi Police Commissioner, DCP headquarters, DCP south district and Directorate of Prosecution of Delhi Government.
It is noted that lieutenant Governor Najeeb Jung and Home Secretary have already given their approval to prosecute Bharti in the case. “The Kejriwal Government was at loggerhead with the l-G on this issue. Initially, the AAP Government was not in favour of granting sanction order against Bharti. But on Wednesday, Kejriwal advised Bharti to surrender before police in the domestic violence case. When Bharti did not respond to his appeal, the Kejriwal Government issued sanction order to prosecute him,” said the sources.
Earlier this year, a court had asked police to get prosecution sanction against Bharti from the competent authority. In its chargesheet filed in September last year, police had said that “nine African women were victims of molestation and manhandling by a mob led by Bharti” in Khirki Extension area.
On January 15-16, 2014, Bharti and his supporters had been alleged to have coercively detained and threatened some African women during a confrontation with police in his constituency of Malviya Nagar over inaction against a suspected drug and prostitution racket.
Bharti, who was then a minister in the AAP Government, had denied the charges.
In the chargesheet, Bharti and 17 others have been booked under various sections of the IPC. Till now police arrayed 41 people as prosecution witnesses in the case, including nine Ugandan women who were at the receiving end.
Meanwhile, the controversial leader Bharti — evading arrest in an attempt to murder and domestic violence case lodged against him by his estranged wife lipika Mitra — has been told to surrender by Kejriwal.
Breaking his silence on the issue, the Chief Minister disapproved of Bharti going into hiding after the Delhi High Court rejected his anticipatory bail plea on Tuesday, and asked him to cooperate with police, wondering why he was scared of going to jail.
“Somnath should surrender. Why is he running awayIJ Why is he so scared of going to jailIJ Now he is becoming an embarrassment for the party and his family. He should cooperate with police,” Kejriwal tweeted.
Though the CM’s statement left lipika “surprised,” she thanked him for asking her husband to “surrender” in the case.
“It’s good that the Chief Minister has finally spoken out albeit after taking so much time. I am grateful to him,” Mitra said. Expressing her surprise over Kejriwal’s stand, she wondered why AAP made Bharti speak on a issue like ‘women empowerment’ during a one-day special session of the Delhi Assembly in August.
“Considering they were defending him and made him speak on such issues I am definitely surprised that the Chief Minister has taken this stand...He should act as a CM first and friend later,”
she said.