A court here on Tuesday asked AAP MLA Amanatullah Khan to file a reply to a petition challenging his discharge in a case of allegedly obstructing public servants from rescuing child labourers from Zari units at south Delhi’s Batla House in 2010.
Special Judge Arvind Kumar directed Mr. Khan and Saifullah Siddiqui, another person who was discharged by the court in the case, to file replies by September 28.
Earlier, Mr. Khan appeared before the court on a notice by the same.
The petition has been filed by former national secretary of non-profit organisation Bachpan Bachao Andolan, Rakesh Senger, submitting that Additional Chief Metropolitan Magistrate Samar Vishal ignored evidence on record while discharging Mr. Khan.
The Jamia Nagar police had lodged the case on a complaint of then SDM Parvesh Ranjan Jha who was leading a rescue team of child labourers in that area.
“The date of offence in the present case is 01.11.2010 and the charge sheet was filed in the court on 29.02.2016 i.e. almost after five years and three months. For all these offences [186/353/506 IPC] the limitation period for filing charge sheet was three years but the charge sheet was filed after five years. Therefore, in view of the aforesaid discussion, I am of the view that the cognizance of the offences under section 186/353/506/34 IPC was barred by the law of limitation,’’ Mr. Vishal had said while discharging him
‘Lethargic investigation’
“I would like to say that the time taken by the police to investigate this case proved to be fatal to the case of the prosecution. Further, the investigation has been done in a belated, lethargic and lackadaisical manner over a prolonged period of time,” Mr. Vishal added.