Attack was not only undemocratic and against principles of good governance but would also create fear in the minds of other officers, says Anju Bajaj Chandana
A city court on Tuesday dismissed the bail application of Aam Aadmi Party (AAP) MLA Prakash Jarwal, accused of assaulting the chief secretary, stating that the lawmaker had "openly violated the dignity of a 56-year-old public servant who was "honestly discharging duties".
Additional Sessions Judge Anju Bajaj Chandana said that the "attack was not only undemocratic and against principles of good governance but would also create fear in the minds of other officers".
"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 lawmakers themselves do not respect the rule of law," the court said.
Terming it as a "serious offence", the court said that the "threats extended by Jarwal combined with an attitude of aggressive character towards public servant holding a high position, is totally unacceptable".
Jarwal had filed a fresh bail application on Monday after it was rejected on the first instance after holding him as a "history-sheeter".
The judge also said that if released on bail, the MLA would try to tamper with the evidence or may influence the witnesses.
"It is true that the 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 his duties," the court added.
While rejecting the bail plea, the court also relied on the 164 statement given by VK Jain, advisor to the chief minister, where he had said that he had seen the MLAs assaulting the chief secretary.
Jarwal, who was arrested on February 20 is presently in judicial custody after the court had rejected the police remand of the accused.
Meanwhile, Metropolitan Magistrate Abhilash Malhotra issued a notice to Delhi police on an application moved by Imran Hussain, Food and Supplies Minister, Delhi government seeking directions for the preservation of the CCTV footage at Delhi Secretariat capturing the incident.
The application has alleged that Hussain was beaten up and his mobile phone was snatched when he went to the Secretariat on February 20. He was threatened.
Following this, the court sought a report from the SHO and fixed the matter for March 1.
Stay on arrest of Naresh Balyan
Meanwhile, another court directed that arrest of AAP MLA Naresh Balyan be stayed till March 1. He was ordered to join the investigation, after he moved an application seeking anticipatory bail. Balyan is accused of making “inflammatory” remarks against the Delhi government officials during a rally in Bindapur on February 23. The counsels, appearing for Balyan, had stated in the court that there was a delay in lodging the FIR, which depicts that there was a conspiracy to book the MLA in a false and fabricated case.
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