New Delhi: The Rouse Avenue court has reserved an order on the anticipatory bail of Aam Aadmi Party MLA Amanatullah Khan. The court will pronounce the order today at 4 pm.
Special Judge Jitendra Singh reserved the order after clarification from Delhi Police and defence counsel.
Delhi Police registered a case against Amanatullah Khan for obstructing public servants in Jamia Nagar area from arresting an alleged proclaimed offender Shavej Khan on February 10 this year. He was granted interim protection and asked to join the investigation on February 13.
During the hearing, Additional Public Prosecutor (APP) Atul Shrivastava submitted that six cases are pending investigation and five cases are pending trial against the accused.
Meanwhile, counsel for the accused submitted that the High Court had put a stay on two cases pending trial and there was no conviction.
The Rouse Avenue court on Monday extended the interim protection granted to Amanatullah Khan. On February 13, the AAP MLA from Okhla was granted protection from any coercive action and the court had asked AAP MLA to join the investigation.
Delhi Police on Monday filed the CCTV footage and statement of witnesses for the court's consideration in the case where the Okhla MLA allegedly obstructed the arrest of Shavej Khan. Delhi Police also filed a status report.
An FIR was registered against Amanatullah Khan alleging that he had on Feburary 10 obstructed the Delhi Police crime branch team that had gone in the area to arrest Shavej Khan who was declared a proclaimed offender and allegedly a wanted person in an FIR of 2018 registered at police station Jamia Nagar.
Earlier, the court had pulled up the Delhi police for not filing the supplementary charge sheet against Shavej Khan and not cancelling his Proclaimed Offender (PO) status even after he was granted anticipatory bail.
Additional Public Prosecutor (APP) Atul Shrivastava appeared for Delhi Police had submitted that custodial interrogation is required as there were contradictions in the facts narrated by Amanatullah Khan and what Shavej Khan has stated.
Delhi Police also stated that section 111 BNS has been invoked against the accused as he is involved continuing unlawful activities. They said 26 cases were registered against him.
On the other hand, advocate Rajat Bhardwaj alongwith Kaustubh Khanna and Irshad Khan argued for Amanatullah Khan.
It was argued that Delhi police have already stated in the Status report that the PO status of Shavej Khan was not cancelled advertently. So where is the question of helping a person flee from the custody of police, the advocates asked.
It was further argued that Section 111 has been invoked only for arresting Amanatullah Khan.
AAP MLA Amanatullah Khan had moved anticipatory bail before the Delhi Rouse Avenue Court. On February 13, while passing the order the court had asked the police to interrogate under the CCTV camera.
The court had asked Delhi Police to clarify that Shavej Khan was a proclaimed offender (PO) on February 10, the date on which the incident took place in Jamia Nagar area.
The court had issued notice to Delhi Police and sought a response on the anticipatory bail plea of the AAP MLA.
The counsel submitted that it is alleged that the applicant Amanatullah Khan obstructed the police team and helped wanted Shavej Khan to flee. A six member team of crime branch team had reached the area to arrest Shavej, the counsel submitted.
The counsel had submitted that the person whom police went to arrest was not a proclaimed offender and that he was bailed out by the court in July 2018.
It was submitted that Shavej was granted anticipatory bail on July 30, 2018 and granted protection from coercive action. He had joined the investigation on July 19, 2018. A charge sheet was filed on July 20, 2018 and he was not charge sheeted.
It was further submitted that Shavej was acquitted in a case of an attempt of murder.
He underwent four days imprisonment in a case of 2017 in which he was declared proclaimed offender case, the counsel submitted
He was declared proclaimed offender on April 4, 2018 in the case registered in 2018. He joined investigation, thereafter he was granted anticipatory bail on July 30, 2018.
The court had also sought clarification from the investigation officer of the case in which Shavej is allegedly wanted. (ANI)