Court upholds AAP MLA Somnath Bharti’s two-year prison sentence

NEW DELHI:  AAM Aadmi Party (AAP) MLA Somnath Bharti has been sentenced to two years in jail for assaulting a security staff at AIIMS in 2016. A magistrate court had in January sentenced him to two years in prison, against which he had appealed.

Special Judge Vikas Dhull on Tuesday partly dismissed Bharti’s appeal and convicted him for the offences under Sections 147 (rioting) read with 149 (unlawful assembly) of IPC and under Section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act.

The court set aside his conviction under Sections 323 (voluntarily causing hurt), 353 (assault/use of criminal force to deter public servant from discharge of duty) read with section 149 of IPC. According to the prosecution, on September 9, 2016, Bharti, along with nearly 300 others, brought down the fence of a boundary wall at AIIMS with a JCB operator.

The court said in its order that the evidence of eye witnesses was consistent to the effect that a gathering of around 200-300 people along with Bharti were present near the boundary wall of AIIMS and they were trying to break the wall and the fence. In his appeal, Bharti claimed the previous order was based on false story of the prosecution.

The public prosecutor said there was no illegality or infirmity in the judgment for conviction and sentencing order of the magistrate court and the judgment has been delivered based upon the reliable evidence which has come on record. Co-accused Jagat Saini, Dileep Jha, Sandeep Sonu and Rakesh Pandey were acquitted. There was a lack of evidence against them.