Won’t approach police, decide case on merits: AAP’s Amanatullah Khan to HC on ‘bad character’ tag

“We have sought instructions from the client. He has instructed us to fight the matter on merits. He is not ready for that proposal,” advocate M Sufian Siddiqui, who represents Khan, submitted before the bench of Justice Sudhir Kumar Jain

The court Wednesday had told Khan’s counsel that an alternate remedy is available under the rules, and police can be asked to take a fresh decision in case he decides to make a representation. The counsel had sought time to seek instructions.

Following Khan’s decision to not make a representation to police, the court has now listed the matter for hearing on September 23. “I will dispose of the petition within the month of September,” said Justice Jain.

Justice Jain on Wednesday observed that a court has limited powers when it comes to judicial review. “I don’t know why every thing, every act of government is challenged under the garb of judicial review where the power as per the constitution is limited. I am concerned with the decision-making process, not with the decision,” the court had observed.

SHO Jamia Nagar on March 28 had prepared a dossier recommending the opening of ‘history sheet’ against Khan and declaring him a ‘bad character’. The decision was later approved by the ACP (New Friends Colony) and DCP (Southeast) on March 29 and 30, respectively. The police has argued that due procedure was followed

Siddiqui, representing Khan, Wednesday had argued there has been a non-application of mind and malafide exercise of powers in the case. “It was approved on March 30. Why was it leaked on that particular day on May 13 when my bail application was listed? It was all over. Does it not warrant an inquiry? My fundamental rights have been infringed. It was supposed to be a confidential document,” he contended.