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Magistrate recuses from Aam Aadmi Party leader Somnath Bharti's case over 'unparliamentary language'

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Aam Aadmi Party leader Somnath Bharti
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A magistrate on Monday recused herself from hearing former Delhi law minister and Aam Aadmi Party (AAP) leader Somnath Bharti's midnight raid case after being annoyed over his counsel's conduct of using "unparliamentary language" and "insulting the court".

Metropolitan Magistrate Niti Phutela recused herself after Bharti's counsel Deepak Khosla started "raising his voice" and "ignored the order of the court" alleging that he has "no faith" in this court.

The heated arguments took place after the magistrate pronounced her order in the open court terming Bharti's plea for registration of FIR against Delhi policemen as "pre-mature" which infuriated the counsel who pleaded for addressing the concern of the court again.

Rejecting Khosla's allegations, the magistrate said, "It is clarified to the counsel for applicant that the matter was fixed for seeking clarification, if any/order and this court is not required to seek any clarification. Hence the orders are pronounced and no further arguments are required for the same."

Irked by the counsel's conduct, the magistrate in her order recorded that, "counsel for applicant started using unparliamentary language and started insulting the court by saying that the present court is using taunting language and the present court can improve or change her vocabulary".

"Considering the conduct of counsel for applicant that he has no faith in the court, which he actually submits before the court during the time this order is being dictated. Hence this court deems it fit not to proceed further in the present case. At this stage, counsel for applicant expresses his gratitude, saying he actually has no faith in the court," the magistrate said.

The court was hearing the case in which the police filed a charge sheet on September 27 saying that "Nine African women were victims of molestation and manhandling by a mob led by the then Law Minister Somnath Bharti."

The case relates to the alleged midnight raid by Bharti and his supporters in which he has been named in a charge sheet along with 17 others for purportedly molesting some African women.

During the day, the court also noted in the order the submission made by Bharti's counsel that he would use a tape recorder the next time he appears before it. "At this stage, it is stated by counsel for applicant that because of one-sided rendition of events that transpired in the court, the next time he appears, in the present court he will have the tape recorder running with the prior knowledge of the present court," the magistrate said.

The heated exchange between the magistrate and the lawyer continued with counsel saying he will move the Delhi High Court to show how provisions of the CrPC are allegedly misused by the magistrates.

"He (counsel) further states that all the magistrates will now be sent for training in this regard," the magistrate said in her order. In her detailed order on the day's proceedings, she recorded sequence of events and verbal exchanges that happened during 50 minutes of heated arguments with Bharti's counsel.

In an eight-page separate order on Bharti's two pleas seeking registration of FIR against Delhi Police officials and preservation of CCTV footages of Saket court, the court said that the applications were "pre-mature" and in the "interest of justice" both the petitions are "kept pending". 

After her recusal, the magistrate forwarded the case, including the pending applications, to the chief metropolitan magistrate for further hearing on November 5. Earlier, on October 28, the court had reserved its order for today after hearing the arguments on Bharti's plea for lodging of an FIR against unknown policemen who allegedly implicated him in the molestation case.
Bharti had alleged that the law was "grossly misused" by police in its probe pertaining to the alleged midnight raid, the case in which he has been named in the charge sheet along with 17 others for purportedly molesting some African women. He had claimed that he has been framed in the case due to "political vendetta".

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