A Special MP/MLA Court in Delhi has convicted Aam Aadmi Party legislator, Somnath Bharti in AIIMS assault case of 2016. (State vs Somnath Bharti).The Court today sentenced Somnath Bharti to two years imprisonment. .Bharti was nonetheless granted bail in the matter. Bharti is expected to file an appeal against his conviction before the Delhi High Court. .In the order of conviction, Additional Chief Metropolitan Magistrate, Ravinder Kumar Pandey opined, ."The Court is of the considered view that prosecution has duly proved its case beyond all reasonable doubt against accused Som Nath Bharti regarding charges of offence punishable U/s 323(Punishment for voluntarily causing hurt)/353 (Assault or criminal force to deter public servant from discharge of his duty) read with Section 149(Every member of unlawful assembly guilty of offence committed in prosecution of common object) IPC and charge of offence punishable U/s 3 (Mischief causing damage to public property) of The Prevention of Damage to Public Property Act, 1984 and charge of offence punishable U/s 147 (Punishment for rioting) IPC read with Section 149 IPC and he is held guilty and convicted for the same.".The co-accused in the case, Daleep Jha, Jagat Saini, Rakesh Pandey and Sandeep were acquitted of all charges on account of the prosecution failing to prove it case beyond reasonable doubt..As per the Prosecution case and the chargsheet in the matter in September 2016, a mob constituting approximately 300 persons led by accused Som Nath Bharti, the MLA of the area concerned, had gathered near the boundary wall of AIIMS..The common object of the mob was to break the wall of AIIMS and to get access. In the process of demolishing the wall, the mob led by accused Som Nath Bharti used a JCB machine and also manually damaged the fence on the boundary wall of the AIIMS..In the process, the mob led by Bharti used criminal force by pelting stones upon the security personnels of the AIIMS, it was alleged. .In his defense, Bharti inter alia submitted that AIIMS had illegally occupied the road alongside the drain in Gautam Nagar area, which was a public thoroughfare, for commercial activities i.e. for parking purposes. .The action for demolition of wall for opening the thoroughfare for residents of Gautam Nagar was planned and executed by PWD and AIIMS supported it, Bharti claimed. .It also also stated that Bharti was being implicated in a false case, without any evidence. .The Court noted that there was only a proposal to open the covered drain for traffic and no order/ authority was given to any person or government agency for the demolition of wall and fence of AIIMS. .Stating that the Prosecution had duly proved its case against Bharti, the Court recorded that there was corroborating evidence regarding the presence of JCB machine, the instruction given by Bharti to the driver for the JCB machine and the manual action of the mob of demolishing the AIIMS fence. .The Court also ruled that the AIIMS security staff was performing the delegated duties of public servant and were duly covered under the definition of Public Servant under Section 21 IPC. .A detailed order on sentencing is awaited. .Read the order on conviction:
A Special MP/MLA Court in Delhi has convicted Aam Aadmi Party legislator, Somnath Bharti in AIIMS assault case of 2016. (State vs Somnath Bharti).The Court today sentenced Somnath Bharti to two years imprisonment. .Bharti was nonetheless granted bail in the matter. Bharti is expected to file an appeal against his conviction before the Delhi High Court. .In the order of conviction, Additional Chief Metropolitan Magistrate, Ravinder Kumar Pandey opined, ."The Court is of the considered view that prosecution has duly proved its case beyond all reasonable doubt against accused Som Nath Bharti regarding charges of offence punishable U/s 323(Punishment for voluntarily causing hurt)/353 (Assault or criminal force to deter public servant from discharge of his duty) read with Section 149(Every member of unlawful assembly guilty of offence committed in prosecution of common object) IPC and charge of offence punishable U/s 3 (Mischief causing damage to public property) of The Prevention of Damage to Public Property Act, 1984 and charge of offence punishable U/s 147 (Punishment for rioting) IPC read with Section 149 IPC and he is held guilty and convicted for the same.".The co-accused in the case, Daleep Jha, Jagat Saini, Rakesh Pandey and Sandeep were acquitted of all charges on account of the prosecution failing to prove it case beyond reasonable doubt..As per the Prosecution case and the chargsheet in the matter in September 2016, a mob constituting approximately 300 persons led by accused Som Nath Bharti, the MLA of the area concerned, had gathered near the boundary wall of AIIMS..The common object of the mob was to break the wall of AIIMS and to get access. In the process of demolishing the wall, the mob led by accused Som Nath Bharti used a JCB machine and also manually damaged the fence on the boundary wall of the AIIMS..In the process, the mob led by Bharti used criminal force by pelting stones upon the security personnels of the AIIMS, it was alleged. .In his defense, Bharti inter alia submitted that AIIMS had illegally occupied the road alongside the drain in Gautam Nagar area, which was a public thoroughfare, for commercial activities i.e. for parking purposes. .The action for demolition of wall for opening the thoroughfare for residents of Gautam Nagar was planned and executed by PWD and AIIMS supported it, Bharti claimed. .It also also stated that Bharti was being implicated in a false case, without any evidence. .The Court noted that there was only a proposal to open the covered drain for traffic and no order/ authority was given to any person or government agency for the demolition of wall and fence of AIIMS. .Stating that the Prosecution had duly proved its case against Bharti, the Court recorded that there was corroborating evidence regarding the presence of JCB machine, the instruction given by Bharti to the driver for the JCB machine and the manual action of the mob of demolishing the AIIMS fence. .The Court also ruled that the AIIMS security staff was performing the delegated duties of public servant and were duly covered under the definition of Public Servant under Section 21 IPC. .A detailed order on sentencing is awaited. .Read the order on conviction:
