Bharti arrested in AIIMS ruckus case, gets bail

Court Says MLA's Chances Of Fleeing Remote; Tells Him To Join Probe

In a dramatic day for Aam Aadmi Party leader Somnath Bharti, events moved swiftly on Thursday from his arrest for indulging in mob violence against AIIMS earlier in the month to being freed by a trial court soon after. Stating that Bharti deserved the relief, the court released him because it said the chances of the politician fleeing from justice were remote.

Metropolitan magistrate Anuj Aggarwal granted the bail plea of Bharti while rejecting an application moved by Delhi Police seeking 14-day judicial remand. The controversial MLA, against whom a case of domestic violence is pending, was arrested by Malviya Nagar police around noon and whisked away to Hauz Khas police station where the FIR for the hospital incident had been registered on September 11.

The chief security officer of AIIMS had complained that Bharti and 300 of his supporters had manhandled the security guards looking after the hospital's perimeter in an at tempt to demolish a boundary wall near Gautam Nagar on September 9.

Police had invoked Sections 147 (rioting), 323 (voluntarily causing hurt), 186 (obstructing public servant in discharge of duty) and 353 (assault or criminal force to deter public servant from discharge of duty) of the Indian Penal Code and provisions of the Prevention of Damage to Public Property Act against Bharti.

“Considering facts and circumstances and nature of the offence and the fact that he is an MLA and a member of the bar and, therefore, chances of his fleeing from justice are remote, I am not inclined to send him to judicial custody and he deserves to be granted bail,“ the magistrate said, while directing Bharti to join the probe and not influence witnesses.

Police had sought the custody of the legislator for fear that, if granted bail, the legislator would intimidate witnesses and hamper the probe process.

Opposing the police plea, Bharti's counsel Vijay Aggarwal claimed the AAP leader had been falsely implicated and contended that his arrest was meant to prevent him from representing another arrested party MLA, Amanatullah Khan, in court.

Bhartidescribed the entire issue as “politicisation“ of an ordinary incident. “I did not lead any mob or instigate anyone,“ he said. “The area SHO was present at the spot on September 9 and the entire proceedings were videotaped. The officer had said he would ensure AIIMS officials had a meeting with the Public Works Department on the problem.“

On September 9 evening, Bharti had tweeted: “Come what may , this wall will have to go in the larger interest of Gautam Nagar, Masjid Moth, Niti Bagh n rest of ward 164 residents (sic).“

(TOI)