NEW DELHI: A court on Wednesday discharged Aam Aadmi Party MLA Amanatullah Khan in a case registered by Delhi Police for alleged rioting and stone-pelting at police personnel during a demolition drive by the erstwhile South Delhi Municipal Corporation (SDMC) last May. Khan was also granted bail in another case registered by CBI to probe alleged illegal appointments to Delhi Waqf Board.Special judge Vikas Dhull at Rouse Avenue Courts Complex set aside an order passed by an additional chief metropolitan magistrate (ACMM) directing framing of charges against Khan. Dhull remarked in the 18-page order, “In the entire video recording of the incident, it is seen that the crowd was peacefully protesting against the demolition programme and raising slogans against Delhi Police, SDMC and even against BJP. However, during the peaceful protest, they were not armed with any deadly weapon and even did not engage in any act of scuffle with the officials of Delhi Police and even did not beat them up.” The court also noted that though Khan was seen in one of the videos telling police that “law and order mat bigadoo, nahi to yahan fasaad hoga (don’t disturb the law and order situation, otherwise there will be disturbance)”, his statement was an “empty threat” as it was not coupled with any act of violence or use of force, and was a kind of warning to police and SDMC officials against the demolition as it might lead to a law and order situation. In January this year, the court of ACMM Harjeet Singh Jaspal framed charges for rioting, unlawful assembly, provocation with intent to cause riot, obstructing public servant in discharge of public functions, and using criminal force to stop public servant from performing his duty. “Prima facie, there is sufficient material on record to frame charge,” he had said.Meanwhile, the court of special judge MK Nagpal on Wednesday granted bail to Khan and 10 others in the CBI case to probe the alleged illegal appointments to Delhi Waqf Board. Khan is chairman of the board. CBI has alleged that a loss of Rs 27,20,494 was caused to the government exchequer in the form of salaries or other emoluments to the employees. However, none of the accused was arrested during the investigation. The court observed that it was “a fit case where bail should be granted to the accused persons pending trial and that there is no reason or ground for taking any of them into custody”. It added that “morally and also legally” in view of the guidelines laid down by the Supreme Court, CBI “should not have any right to oppose” the bail plea and it should be left to the court to consider the matter.There are no allegations made against any of the accused for demand, payment or acceptance of bribe in connection with the appointments and provisions of Prevention of Corruption Act were invoked because it was alleged that the public offices of Khan and Mahboob Alam, then chief executive officer of the board, were abused or misused, the court pointed out.On CBI apprehending that the accused might tamper with evidence or influence the witnesses or the investigation, the court observed that prima facie, such apprehensions were “baseless and without any reasons” as the investigation was already completed and most of the evidence was documentary in nature. “Further, had there been any such apprehension… then nothing prevented the IO to arrest the applicants or to bring the above fact or conduct of the applicants to the notice of this court.”
Source: https://timesofindia.indiatimes.com/city/delhi/breather-for-aap-mla-amanatullah-khan-in-stone-pelting-delhi-waqf-board-cases/articleshow/98346721.cms
