CS assault case: Court denies bail to AAP MLA

AAP MLA Prakash Jarwal, who was arrested for allegedly assaulting Delhi Chief Secretary Anshu Prakash, was today denied bail with a sessions court saying it could not ignore the fact that the lawmaker had "openly violated the dignity" of a 56-year-old public servant who was "honestly discharging duties".
Special Judge Anju Bajaj Chandna refused to grant bail to Jarwal, an MLA from Deoli constituency here who had sought the relief on the ground that he was young and recently married, observing that the situation could not be more alarming when lawmakers do not respect the rule of law.
"This is not the case of a simple assault. The aggression shown by the accused towards the top bureaucrat, that too at the house of the Chief Minister, itself demonstrates that applicant has no respect for law and he can go to any extent to serve their interest.

"It is not only undemocratic and against the principles of good governance but would create fear in the minds of other officers and would shake the confidence of people in law enforcement machinery. The situation cannot be more alarming when law makers themselves do not respect the rule of law," the judge said while dismissing the plea filed against the order of the magistrate rejecting his bail.
The court said if released on bail, there was a possibility of Jarwal trying to influence witnesses or tamper with evidence.
"Applicant being the elected MLA holds the position of authority and there is every possibility that if released on bail he may try to influence the witnesses or tamper with evidence. It is true that applicant is a young politician and got recently married, but this cannot be ignored that he openly violated the dignity of a 56-year-old public servant who was honestly discharging duties.

"Considering the seriousness of the offences and previous involvements of the accused and to ensure fairness of investigation which is at its crucial stage, I find no jurisdiction to grant regular bail to the accused," the court said.

While dismissing the plea of the MLA, the court noted that the chief secretary's allegations were confirmed by his medical report as well as the statement of Chief Minister Arvind Kejriwal's adviser V K Jain.
"The complainant Anshu Prakash has been specific and categorical in narrating the circumstances about the incident and same is substantiated by his medical report. Adviser V K Jain has also given his statement on oath confirming the allegations," it said.

The court said that assaulting a public servant in discharge of his duties was a serious offence and the peculiar facts and circumstances of this case made it more serious.
"The threats extended by the applicant combined with attitude of aggressive character towards public servant holding high position, is totally unacceptable," it said.
Jarwal's wife and some other family members, who were present in the courtroom, later said they would move the high court.
Seeking bail for the MLA, his advocate B S Joon had yesterday argued that the adviser to the chief minister had initially not given any statement about the assault and he came out with a contradictory version only in his statement under section 164 of the CrPC.

He pleaded that the MLA was a young politician and had got married recently on February 6 so he be granted the relief.
Opposing the bail plea, Additional Public Prosecutor Atul Shrivastava had argued that it was a serious offence as a top state bureaucrat had been assaulted.
The prosecutor had said that the lawmaker did not deserve bail and pointed out a statement made by another MLA on February 23 that they will continue to assault the officers.
It also alleged that the CCTV footage taken from the house of the CM appears to have been tampered with and material witnesses are yet to be examined.

A magisterial court had on February 23 refused to grant bail to two legislators Jarwal and Amanatullah Khan, in the assault case saying the matter cannot be treated in "a casual and routine manner" considering they were "history-sheeters".
Khan and Jarwal were on February 22 sent to 14-day judicial custody by the court which had termed the case as "highly sensitive". They were arrested in connection with the alleged assault on the bureaucrat during a meeting at Delhi Chief Minister's Arvind Kejriwal's residence on the night of February 19.
While Jarwal was arrested on February 20, Khan, an MLA from Okhla, was taken into custody the next day.