While Subramaniam submitted that the whole incident was an outcome of the matrimonial dispute, the bench said it was not concerned with the issue at this stage.
AAP legislator Somnath Bharti surrendered before the investigating agency late Monday night after playing a cat and mice game with the Delhi police for nearly a week. The otherwise forlorn Dwarka locality had remained abuzz all day with cops, media personnel and other inquisitive locals, as they all the controversial Leader to arrive any moment.
Police officials on duty said they were not sure if Bharti will surrender. For, Despite a Supreme Court order and his counsel’s promise that he would actually do so by 6.30 pm on Monday, Bharti’s lawyer, in a letter to Delhi chief minister Arvind Kejriwal on the same day, has specifically mentioned that Bharti is travelling, and “not available in Delhi. He is willing to make himself available for further interrogation on Tuesday onwards”.
Bharti, against whom a case of attempt to murder and domestic violence was filed by Delhi on his wife Lipika Mitra's complaint, was directed to surrender after his anticipatory bail was rejected by both High court and Apex Court.
"We want him to surrender before appropriate jurisdiction of the police by this evening. We don't intend to pass any further order," a bench comprising Chief Justice H L Dattu had said on Monday.
Rejecting his counsel senior advocate Gopal Subramanian’s prayer to grant time till tomorrow, the court said,“As a responsible citizen what should have been your conduct after both trial court and high court rejected your plea (anticipatory bail plea).”
While Subramaniam submitted that the whole incident was an outcome of the matrimonial dispute, the bench said it was not concerned with the issue at this stage.
“You went for anticipatory bail before the trial court, you did not succeed. You went before the high court, you did not succeed. What is your duty as a responsible citizen," the bench said and ädded "first you surrender, then we will see whether the matter should be referred to mediation centre. We want family dispute to be sorted out but we can't be saying that we will be protecting an absconder.”
"We will find out from his wife whether she is ready to sit for mediation. We want families to live together. We don't want disruption in family life," the bench also said.
After court’s observation, his counsel assured the court that his client will surrender before the police by 6.30pm.
Ever since a trial court issued an NBW against Bharti, the Delhi police has spent dozens of sleepless nights trying to nab him. Party members have also stopped supporting him, with Kejriwal publicly asking him to surrender in a tweet. There were widespread speculations about him taking refuge in Agra, but there was no confirmation.
Bharti, however, had chosen to remain elusive till Monday keeping his location a mystery.
"I have never seen so many people here. I came here after I saw so many cameras," said Aarti a class 12 student of Kendriya Vidyalaya.
Police, however, did not share Aarti's excitement. "It's been a hard day for us. Even though we don't anticipate trouble but seniors officials directed is to be alert in case Mr Bharti is accompanied by his supporters," an officer said.
Chandan, a tea-seller was perhaps one of the few people who would not complain much about today's happenings. " I have made quite a sale today, " he told dna.
“On the other hand, Bharti’s lawyer’s letter to Kejriwal stated that Bharti is ‘avoiding’ arrest, but not ‘evading’ arrest, and that he is exhausting all legal options which is perfectly his right before surrendering to ‘distinctly partisan and biased investigating agency’.
“Which sane person deliberately puts his head in the mouth of a hungry lion ?”the letter stated, also seeking a time with Kejriwal for a meeting to “advance the objectives of a lawful and fair investigation while protecting the interests of my client.”
"I was not running away from law..I was only availing legal remedies available in Constitution. Since supreme court has asked me to surrender, I m complying the order," said Bharti just before surrendering.
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