New Delhi: Since March this year, fast track courts set up to hear cases involving sitting MPs and MLAs have acquitted AAP MLAs in 19 of the 22 cases, according to court records as of July 31. Of the remaining three cases, the courts have convicted the accused MLAs in two cases while the CBI has filed a closure report citing lack of evidence in a third case.
Chief minister Arvind Kejriwal, deputy chief minister Manish Sisodia, transport minister Kailash Gahlot, former minister Asim Ahmed Khan and Kumar Vishwas are among the AAP leaders getting relief in the 19 cases. The reasons cited by the courts for the acquittals among others include lack of evidence, “inordinate delays” in registering FIRs, filing chargesheet on the “basis of presumption” and “groundless allegations.”
In five cases, ACMM Vishal cited late filing of chargesheet without Delhi police offering any cogent explanation for the delay.
Bijwasan MLA Devinder Sehrawat convicted under the Defacement Act was “admonished” by court as punishment, while Tughlakabad MLA Sahi Ram was convicted of voluntarily causing hurt and wrongful restraint of his neighbour’s son.
The courts of Additional Sessions Judge (ASJ) Arvind Kumar and Additional Chief Metropolitan Magistrate (ACMM) Samar Vishal were set up at the Patiala House court in the first week of March this year. The move came after the Supreme Court’s order in February that the cases involving sitting MPs and MLAs must be fast-tracked. Cases involving punishment of more than seven years of imprisonment are being heard by judge Arvind Kumar.
Passing the order for transferring cases involving sitting MPs and MLAs from all parties to fast track courts, district and sessions judge Poonam A. Bamba of the Patiala House court had on February 23 stated that “transferee” courts should “endeavor to… dispose of the same within a year.” Since then, ACMM Samar Vishal disposed of 21 cases against AAP lawmakers registered by Delhi police under various charges ranging from violation of Defacement Act to extortion and disobeying an order promulgated by a public servant. Whereas, ASJ Kumar disposed of a case against an AAP lawmaker filed by the CBI, as the CBI could not produce enough evidence and later filed a closure report.
The ACMM court is hearing 144 cases against various leaders, including the National Herald case of Congress leaders Rahul Gandhi and Sonia Gandhi. The ASJ court is hearing the case against Lalu Prasad Yadav in the alleged IRCTC scam.
Delhi chief minister Kejriwal tweeted: “Modi government has unleashed entire Delhi Police against AAP. I wish police was deployed for safety of Delhiites rather than political hounding of AAP and slapping false cases against them.”
“Satyameva jayate,” deputy CM Manish Sisodia tweeted.
The Indian Express, quoting AAP lawyer Mohammad Irshad, reported that while the 22 cases were registered by security agencies, AAP MLAs also faced court complaints filed by individuals, such as criminal defamation, none of which has led to a conviction so far.