High court allows trial court to hear arguments in Anshu Prakash case

The Delhi High Court on Monday allowed a city court to hear arguments on the framing of charges through a regular public prosecutor (PP) in a case related to the alleged assault on former chief secretary Anshu Prakash in which Delhi chief minister Arvind Kejriwal, deputy chief minister Manish Sisodia, and 11 other MLAs of the Aam Aadmi Party (AAP) have been named as accused.

Justice Vibhu Bakhru modified its earlier order of March 14, 2019, where it had directed the trial court to not conduct any proceedings in the matter till the lawyer’s issue was settled by the high court.

The court, while removing the stalemate on the proceedings from the last one-and-a-half years, directed the trial court to hear the matter, following which it was listed for 4 pm on Monday.

“As far as the March 14, 2019 order is concerned, the same is modified to the extent that the trial court can proceed and hear the matter at the stage of arguments on charge,” Justice Vibhu Bakhru said.

The Delhi government declined to comment on the development.

Prakash had moved the high court seeking early hearing in a case where he had alleged that he was assaulted during a meeting at the chief minister’s residence on February 19, 2018.

The CM, the deputy CM, and other AAP MLAs had earlier denied any wrongdoing. The party’s chief spokesperson Saurabh Bhardwaj has accused Prakash of making false allegations at the behest of the Union government.

In his plea, filed through advocate Stuti Gujral, Prakash had asked that the matter, which has been pending in the trial court in the arguments stage for framing of charges, be heard on the grounds that no substantive proceedings had happened in the last 18 months.

In 2018, Kejriwal and Sisodia moved the high court, challenging a trial court order allowing Prakash to have the lawyers of his choice rather than a special public prosecutor.

On Monday, senior advocate N Hari Haran and Dayan Krishnan, appearing for the CM and the Deputy CM, said they do not have any objection over the hearing to be conducted through the regular PP. He, however, sought some time from the trial court for them to prepare the case.

Justice Bakhru agreed and directed the trial court to hear the matter at 4 pm. At the trial court, N Hari Haran sought time from the judge Vishal Pahuja, who listed the matter for further hearing on September 21.

During the hearing, senior advocate Siddharth Luthra, representing Prakash, told the court that an early hearing be given in the matter at the high court. However, the court said it would not be feasible and posted the matter for further hearing on November 2.

The Delhi police had on February 20, 2018, filed a first information report (FIR) based on Prakash’s complaint, in which he had alleged that he was called by the Kejriwal’s advisor, VK Jain, for a midnight meeting to discuss the release of the party’s advertisements related to the government completing three years in Delhi.

Prakash said he was manhandled and assaulted in the course of the meeting. Police filed the case after the chief secretary was examined by a team of doctors at Ram Manohar Lohia hospital.

Police later filed a 1300-page charge sheet against 13 AAP leaders for offences, including criminal conspiracy, assaulting a public servant, threatening to cause death or grievous injury, and wrongful confinement, among other sections.

The maximum punishment in the case is seven years. On October 25, 2018, Kejriwal, Sisodia and nine other AAP MLAs were granted bail by the trial court in the assault scase.

The other two MLAs, Amanatullah Khan and Prakash Jarwal, who are also accused, were earlier arrested in the case and granted bail by the high court.