A Delhi court on Thursday extended till May 18 the police custody of AAP MLA Prakash Jarwal, arrested in connection with a case of alleged suicide of a doctor in south Delhi last month.
The 52-year-old doctor, Rajendra Singh had allegedly committed suicide in Durga Vihar in south Delhi on April 18.
Jarwal, who represents Deoli assembly constituency and his close aide Kapil Nagar, were arrested on May 9.
In his suicide note, the victim had held Jarwal responsible for taking the extreme step, following which police registered a case against the legislator on charges of extortion and abetment to suicide.
Singh was also involved in the business of water tank like Jarwal and it is alleged that the MLA and his associates were extorting money from other water tank owners.
Metropolitan Magistrate Harshita Mishra allowed the police plea for custodial interrogation of Jarwal and co-accused Nagar, saying despite grant of four days police custody initially a lot of investigative work remained to be done and several material facts still needed to be ferreted out.
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"Recovery of mobile phone of accused Prakash, which is a very vital lead, is still to be effected and even the money trail is to be fully established.This court cannot be oblivious to and unmindful of the act that investigation is at the nascent stage and denying further police remand as sought, would tantamount to putting roadblocks in the way of effective and expeditious investigation, which still has considerable way to go," the court said in its order.
The court, however, added that it cannot while adjubicating on a police custody application, adopt an entirely accused centric approach, "unmindful of the prevailing public and societal interests, which hangs in balance."
"Investigation has to proceed fairly and in an unimpeded and unhindered manner. Hence prayer of the police is partly allowed and accused persons are ordered to be send to police custody till May 18," It said.
In its plea, the police sought six days remand for custodial interrogation, claiming both the accused did not cooperate during interrogation and are hiding the facts and relations with the water tanker owners.
"During investigation it has been found that there is a big nexus between the water tanker's owners and accused persons. Accused with the help of other associates were extorting money from the water tanker owners," the police said in its remand application and added that these were the main facts that led the doctor to allegedly commit suicide.
The plea further claimed that during the course of investigation, it has been found that the Jarwal had allegedly purchased tankers in the name of Nagar, which he had not disclosed but evidence has been found to show that he is running the tankers in the Delhi Jal Board (DJB).
It alleged that deployment of tankers would be possible only at the instances of both the accused.
"During the course of police custody, a detailed questionnaire was prepared in writing and was given to them with sufficient time but they didn't answer the questions. They kept on taking false plea, accordingly their further investigation is required," the plea alleged.
Investigation has revealed that the money which was allegedly extorted by them from water tanker owners was invested through the MLA''s brother Anil Jarwal to purchase property, it claimed.
Police claimed that Jarwal has disclosed that his brother allegedly invested the extorted money for purchasing several properties and farm-houses in Delhi, Gurugram and Jaipur in Rajasthan.
"The accused Prakash Jarwal and his brother Anil Jarwal have several bank accounts in different banks and the trail of money which was extorted is to be verified from the bank account details. Documents and existing purchased properties are also to be verified on the instance of the accused person.
"During investigation, police has also come to know that Jarwal had got allotted many water borewell in his Legislative Constitutional area Deoli through his personal influence from Delhi Jal Board and one water borewell was illegally given to his known person namely Rahul Sharma after taking Rs 10 lakhs as a gratification money which was used by Sharma in his farm house namely Radhe Farm banquet hall. Another places where allotted water borewell were used for supplying the water are to be verified," the plea alleged.
It claimed that complaints were filed earlier against the accused to different authorities regarding the alleged irregularities and illegal activities of the Jarwal and Nagar but action has never been taken under their pressure.
"Jarwal has to be confronted with the officers of DJB as DJB officers have not given satisfactory replies. He has purposefully been using the mobile numbers issued from different persons and used the mobile to extend the threats for extorting money from owners of water tankers. He has given evasive reply. It has to be clarified in fresh," police alleged.
The police alleged it was found that a WhatsApp group in the name of tanker owners has been created, whose admin is Nagar and Jarwal is one of its members.
They alleged the chat details clearly revealed the direct involvement of both the accused into the tanker mafia running in the area of Sangam Vihar and Tigri.
Advocate Mohd Irshad, appearing for the AAP leader, opposed policce plea saying the politician had been falsely implicated in the case and was willing to cooperate in the investigation..
In the FIR, it is alleged that Singh, who was also in the business of water supply with the Delhi Jal Board since 2007, had been threatened and intimidated for extortion by Jarwal and Nagar.
A case of extortion and abetment to suicide had been registered against Jarwal, Nagar and others at the Neb Sarai Police Station based on a complaint by the doctor's son -- Hemant.
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