Efforts to settle the matrimonial dispute between Aam Aadmi Party (AAP) MlA Somnath Bharti and his estranged wife lipika Mitra through mediation failed to materialise on Monday after she refused to give her consent for the proposal mooted by Bharti in the Supreme Court.
It was on Bharti’s request that the apex court decided to give mediation a try after the former Delhi law Minister surrendered in a case of attempt to murder and domestic violence slapped against him by lipika.
In another blow to Bharti, his judicial custody was extended till October 19, as he moved a bail plea before a court here in the domestic violence case.
Hours earlier, the SC had disposed of his anticipatory bail plea and asked him to move the trial court for regular bail, even as
lipika told the apex court she was not willing for mediation.
The Bench of Chief Justice Hl Dattu and Justice Amitava Roy, which issued a notice to Mitra on the previous date of hearing, told Bharti’s counsel that he had to face the trial and seek regular bail in view of his wife refusing to take part in mediation.
“We asked lipika Mitra whether she was agreeable to mediation. Her answer is a positive no,” the Bench said. It disposed the petition filed by Bharti along with his letter for mediation as nothing survived in the petition after the AAP leader’s surrender.
“It is now for the petitioner to move learned trial judge and seek regular bail. If an application is made, we direct the trial judge to consider the said application either on the day it is filed or on the next day,” added the Bench.
Bharti was remanded by trial court to one-day judicial custody instead of 14 days awaiting the apex court proceedings. The issue before the SC was solely on mediation after Bharti’s lawyer argued that in the interest of their children, mediation could be given a shot.
Hours after a local court extended his judicial custody Bharti moved a bail application which is slated to be heard on Tuesday in the court of Additional Sessions Judge Anil Kumar.
Metropolitan Magistrate Manika extended Bharti’s judicial custody after the public prosecutor Shailendra Babbar said there was a likelihood of the Delhi MlA threatening and influencing the witnesses and his wife lipika.
Bharti, during the court proceedings, claimed that he was being denied the “basic human rights” by Delhi Police during the remand period. He said that he wanted to write a letter to Arvind Kejriwal, the Chief Minister of Delhi, regarding the violation of his human rights in police custody. On this, the court asked him to approach jail authorities.
In her complaint, lipika alleged that she was abused by Bharti ever since they got married in 2010. Delhi Police 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.