Court discharges Arvind Kejriwal, his deputy and others

A court here discharged Delhi Chief Minister Arvind Kejriwal, his deputy Manish Sisodia and others on Wednesday in a case of allegedly violating prohibitory orders and obstructing public servants during an agitation in 2014.

Besides Kejriwal and Sisodia, Additional Chief Metropolitan Magistrate Samar Vishal also granted relief to other Aam Aadmi Party (AAP) leaders, Kumar Vishwas, Gopal Rai, Sanjay Singh and Dilip Pandey.

Former AAP members Prashant Bhushan and Yogendra Yadav and others were also granted the relief.

"There does not exist sufficient evidence to take cognizance of the offence as alleged as well as sufficient grounds to proceed against the accused persons.

 

"Proceeding with this trial will be a futile exercise as the charge sheet lacks even the prima facie evidence to proceed further," the court said.

On September 7, 2018, the Delhi police had filed a charge sheet against the accused persons, seeking their prosecution for various offences.

According to the charge sheet, on January 21, 2014 the accused broke the barricades and indulged in scuffle with the police and stone pelting in order to run towards Rail Bhawan, violating the proclamation under section 144 (unlawful assembly) CrPC, which was in place at that time.

Some policemen were injured in order to control them, the final report said.

The police had filed the charge sheet against the accused for offences punishable under section 145 (Joining or continuing in unlawful assembly), 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) and 186 (obstructing public servant in discharge of public functions) of the IPC.

The charges also included section 353 (assault or criminal force to deter public servant from discharge of his duty), 188 (disobedience to order duly promulgated by public servant), 332 (voluntarily causing hurt to deter public servant from his duty), 109 (punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) of the IPC and under section 3 (mischief causing damage to public property) of Prevention of Damage to Public Property Act.