A Special MP/MLA Court in Delhi has convicted Somanath Bharati a senior member of the Aam Aadmi Party and a legislator in the AIIMS assault case.

Somnath Bharti is sentenced for two years imprisonment. The Additional Chief Metropolitan Magistrate, Ravinder Kumar opined, that the prosecution has duly proved its case beyond all reasonable doubts that Somnath Bharati is guilty of offences under the Indian Penal Code U/S 323 (Punishable for voluntarily causing hurt) , 353 (Assault or criminal force to deter public servant from the discharge of his duty) read with Section 149 (Every member of unlawful assembly guilty of offence committed in persecution of common object), 147 (Punishment for rioting) and under Section 3 (Mischief causing damage to public property( of the Prevention of Damage to Public Property Act, 1984.

In September 2016, a mob of about 300 persons led by AAP MLA Somnath Bharati had gathered near the boundary wall of the AIIMS.

The mob along with Somnath Bharati wanted to force their way into the parking space of AIIMS so, Somnath used a JCB machine and also manually damaged the boundary wall of the AIIMS. The mob led by Bharati also used criminal force by pelting stones on the security forces of the AIIMS.

Bharati tried to counter by saying that AIIMS had illegally occupied the road alongside the drain in Gautam Nagar area, which was a public thorough fare, for parking purposes. Somnath Bharati claimed innocence and not guilty.

The Court dismissed his defence by noting that there was only a proposal to cover the drain for traffic and no order/ authority was given to any person or government authority to demolish wall and fence of AIIMS.

The Court also recorded the corroborating evidence regarding the presence of JCB machine, and the action of the mob to man ually demolish the AIIMS fence. The Court also ruled that the AIIMS security staff was performing their delegated duties under the definition of public servant under Section 21 of the IPC.

Bharati is likely to file an appeal against the order in the High Court.

Notably, Somnath Bharati’s violent demonstrations and taking law into his hands are not new. He had earlier indulged in grossly violating the privacy of African women in South Delhi area at midnight in 2014 under the pretext of cracking down on drug racket and prostitution. Somnath had led a mob which physically manhandled and molested African women which caused a national outrage. He was also accused by his wife of physically assaulting her and setting his pet dog on her to maul her in domestic violence case.

 

Source of news report: https://www.barandbench.com/news/litigation/delhi-court-sentences-aap-somnath-bharti-two-years-imprisonment-aiims-assault-case

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