The Delhi High Court on Tuesday issued notice to a woman who had accused Aam Aadmi Party (AAP) leader Kumar Vishwas of molesting her, while hearing his plea against lodging of an FIR in the matter.
Justice Sunita Gupta also issued notice to Delhi Police and asked them to file status report on the issue by July 21.
Filing the plea in the Delhi High Court, Vishwas challenged a trial court's order to lodge a first information report (FIR) against him on a complaint of a party volunteer that he molested her.
The trial court on March 16 said the complaint accusing Vishwas of making "sexually coloured" remarks and "advances" towards her required an investigation.
During the hearing, police told the court that no offence is made out against Vishwas from the complaint.
"The complainant made the complaint, but there is no proof. For us no cognisable offence is made out. She has been changing her stance everywhere," said police.
Senior advocate H.S. Phoolka, appearing for Vishwas, questioned the "unprecedented over-enthusiasm" shown by the metropolitan magistrate in ordering an FIR in a bailable offence despite Delhi Police having said earlier that there is no evidence to support the allegations.
The woman filed the complaint last year before a court seeking an FIR be filed against Vishwas for molestation.
After the court's order to start criminal proceedings against Vishwas, the FIR was registered last week at Sarojini Nagar police station here for the alleged offences under Sections 354A (sexual harassment) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC).
In his plea to the Delhi High Court, Vishwas said: "The metropolitan magistrate has failed to appreciate that the petitioner never called or invited the complainant to his political meetings or stage programmes; as per the complaint, the complainant by herself chased the petitioner at every spot."
It said that statements of the complainant are full of contradictions and exaggerations as some of the incidents were public events where thousands of party volunteers and even electronic media were present.
The woman's baseless allegations is a clear attempt to garner publicity for herself and tarnish the reputation of Vishwas, said his plea.
Police had earlier filed a status report in the magistrate court, saying that nothing was found to substantiate the allegations levelled by the complainant to register any criminal case.
