AAP MLAs Prakash Jarwal and Amanatullah Khan at Tis Hazari court, Thursday. (Express Photo by Abhinav Saha)
Reserving its order on the plea and police custody remand application of AAP MLAs Amanatullah Khan and Prakash Jarwal — who were arrested for allegedly assaulting the Delhi Chief Secretary at the chief minister’s residence on Monday night — a Delhi court sent them to 14-day judicial custody on Thursday. During court proceedings, Additional Public Prosecutor (APP) Atul Srivastava submitted that the CM’s chief advisor, V K Jain, had given his statement under CrPC Section 164. The prosecutor said it has a “direct bearing” on the case and, hence, they moved an application for police custody. However, the APP read Jain’s statement recorded under CrPC Section 161. He added that a similar statement was made under Section 164 CrPC.
Srivastava said, “Defence counsel had submitted that CCTV footage was available, recording the chief secretary’s entry and exit at 11.24 pm and 11.31 pm respectively. However, Jain reached the CM’s house at midnight. How is this possible? Also, in his statement, Jain said he had seen seven MLAs at the meeting, and the defence had submitted a list of 11 MLAs. Who are the other MLAs?” He added that the whole conspiracy has to be unearthed.
READ: Delhi chief secy ‘assault’ case: No need for hue and cry, let police probe case, says Sisodia
He also said there are CCTV cameras in the meeting room and that footage has to be extracted for further investigation. “For this, we need police custody of the accused persons,” he said. He added that the chief secretary, in his supplementary statement, said the assault was of a nature that he could have died. “Police will also press for IPC Section 308 (attempt to commit culpable homicide),” Srivastava said.
Additional DCP (north) Harender Singh, who was asked by the court to monitor the probe, said: “The complainant would not have attended the meeting if he had known it would be a public meeting. There was no calamity or national emergency. The chief secretary was made to sit between two people, just to be targeted. Both MLAs deliberately made him sit in between them to intimidate (him)… Only footage that helps the case of the defence has been provided. We request them to provide the entire video.”
The complainant’s counsel, Rajiv Mohan, submitted, “There was supposed to be a meeting on civil supplies, but the discussion was on release of an advertisement on corruption-free three years… and later he (Prakash) was assaulted in front of CM and deputy CM, who did not stop it. Therefore, there is a conspiracy that has to be unearthed.”
He also said that since the Supreme Court guidelines on advertisements were not being met, there was no way for him to release them. Otherwise, he would be liable to be prosecuted, Mohan said.
The defence said, “Jain was available with the prosecution on Wednesday… police are lying and misguiding the court. If there was a CCTV camera in the meeting room, why did the chief secretary keep mum about it till now?”
During the bail hearing, the prosecution submitted that various other cases have been registered against both accused, and argued that bail should not be granted. However, the defence said, “None of the accused have been convicted in any case. They are not hardened criminals and have roots in society.”
Jain pressured: AAP
AAP, meanwhile, alleged that Jain was pressured by police to change his statement. AAP MP Sanjay Singh said, “When he had clearly said that he was in the washroom, and that when he came out the CS was walking out of the meeting, then in a matter of 24 hours, how did his statement change and he suddenly saw Prakash searching for his glasses?”
In his initial statement to police, Jain had said the meeting was regarding TV advertisements as well as ration disbursal — taking a stand contrary to that of the party, which had said the meeting was called only to discuss ration disbursal.
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