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Passing order to frame charges against two others - Amanatullah Khan & Prakash Jarwal, a Delhi Special Court has discharged Delhi Chief Minister Arvind Kejriwal and Deputy Chief Minister Manish Sisodia in an alleged assault case.

The Special MP/MLA Court of Additional Chief Metropolitan Magistrate Sachin Gupta stating that a prima facie case is made out against the two AAP MLAs – Amantullah Khan and Prakash Jarwal, discharged the CM and Deputy CM along with nine others named in the FIR.

Factual Brief of the matter

In 2018, upon complaint of the then Delhi Government Chief Secretary, Sh. Anshu Prakash an FIR was registered alleging that Mr. Prakash was called to the CM’s house and was assaulted in pursuance of a premeditated plan. Mr. Prakash stated that he was called on the pretext of discussing the issue of difficulty in the release of certain T.V. advertisements, and there he found several other MLAs present who assaulted, threatened him and committed offence against him.

Mr. Prakash alleged that the assault was carried out with an intention to criminally intimidate him and to cause hurt in furtherance of a conspiracy by all present at CM’s residence to deter him from discharging his lawful duty.

Following the incident, CM Kejriwal and 12 others were booked under Indian Penal Code Sections 186 (Obstructing public servant in discharge of public functions)/ 353 (Assault or criminal force to deter public servant from discharge of his duty)/ 332 (Voluntarily causing hurt to deter public servant from his duty)/ 323 (Causing hurt)/ 342 (Punishment for wrongful confinement)/ 504 (Intentional insult with intent to provoke breach of peace)/ 120-B (Punishment of criminal conspiracy)/ and 149 (Every member of unlawful assembly guilty of offence commit­ted in the prosecution of common object), among others.

Court’s Observations

Noting that though no unlawful assembly or any criminal conspiracy could be drawn, the MM Gupta observed that,

“In the meeting room at the CM’s residence, complainant was not alone, rather he was accompanied by Mr. V.K. Jain, who stated in his statement u/s 164 Cr.P.C. that MLAs present there, starting questioning the complainant (the then Chief Secretary) on several topics. Thereafter, he went to the washroom and when he came back, he saw that two of the MLAs namely Amanatullah Khan and Prakash Jarwal, by physically touching, pushing and putting hand on his chin, were asking the complainant as to why he was not performing his duties.”

However, Court added,

“Chief Minister asked the aforesaid two MLAs to refrain from doing so. Thus, it is manifestly clear that such a meeting which was called by the Chief Minister, attended by the elected representatives of Delhi Legislative Assembly, top bureaucrat i.e. Chief Secretary (complainant) and other official namely Mr. V.K. Jain, cannot be termed as an unlawful assembly in prosecution of common unlawful object or any criminal conspiracy, as alleged, being hatched by the accused person, merely because during the course of meeting, while answering the questions of the MLAs by the complainant, two of them allegedly assaulted and hit him or some of the MLAs allegedly started shouting, abusing or threatening the complainant.