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Assault on Delhi Chief Secretary: Delhi High Court grants bail to AAP MLA Amanatullah Khan

The court also asked him not to tamper with evidence or intimidate or approach the witnesses in any manner,

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The Delhi High Court granted bail to the Aam Aadmi Party (AAP) MLA Amanatullah Khan on Thursday but with some conditions. Khan was under judicial custody for allegedly assaulting Chief Secretary Anshu Prakash at Chief Minister Arvind Kejriwal's residence.

Justice Mukta Gupta directed Khan to furnish a personal bond of Rs 50,000 and two sureties of the like amount. With regard to its earlier suggestion to the Delhi Government to videograph the meetings between legislators and bureaucrats, the court said it never intended to encroach into the legislative domain and it was "just a request so that no unforeseen incident takes place".

The high court clarified that in case the complainant (Chief Secretary) and other witnesses were harassed, it would be for them to show that the harassment and intimidation were in retaliation of the FIR lodged against Khan.

"The petitioner (Khan) has served an incarceration of more than 20 days and no further custodial interrogation is required. So the petitioner be released on bail," the court said.

The court also asked him not to tamper with evidence or intimidate or approach the witnesses in any manner.

The HC imposed other conditions that Khan, who was arrested on February 21, will not leave the country without prior permission of the court and in case of change of his residential address, he should intimate it to the concerned court.

At the outset, senior advocate Sudhir Nandrajog, appearing for Khan, sought relief for the Okhla MLA seeking parity with another AAP MLA Prakash Jarwal, who was released on bail with conditions on March 9.

Nandrajog sought modification of a condition imposed in Jarwal's case saying that being a member of the Delhi Assembly committee, he would take part in the meetings and any legal action against the Chief Secretary could be construed as harassment.

The HC also noted the submissions of the Delhi Police, which gave a status report stating that Khan was named in 12 criminal cases, of which he has been discharged in three while 8 cases are pending investigation.

The judge had earlier noted that the case was a reflection of "trust deficit to the hilt" between the members of the Delhi Assembly and the bureaucrats and suggested that the Delhi Government should videograph the meetings between legislators and bureaucrats to see that no unforeseen incident occurs in future and maintain transparency.

THE ORDER

  • Justice Mukta Gupta directed Amanatullah Khan to furnish a personal bond of Rs 50,000 and two sureties of the like amount. 
     
  • HC clarified that in case the complainant (Chief Secretary) and other witnesses were harassed, it would be for them to show that the harassment was in retaliation of the FIR
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