Aam Aadmi Party MLA Somnath Bharti on Wednesday moved Delhi High Court challenging the Session Court order which upheld his conviction in the case of assaulting All India Institute of Medical Sciences (AIIMS) security staff and destroying public property, while dismissing his petition partly.
He was taken into judicial custody immediately after the judgement and is currently lodged in Tihar Jail.
Bharti through his appeal in Delhi HC sought the setting aside of the judgment passed yesterday by the trial court and also sought acquittal from all charges.
The appeal stated that "The judgment and impugned order of sentence of the Special Judge Court is contrary to law and facts of the case. The same is erroneous, illegal and thus are liable to be set aside in as much as, after going through the detailed evidence, the learned trial court wrongly passed the impugned orders."
The Session Court on Tuesday had upheld the conviction of Bharti under Sections 149 and 147 of the Indian Penal Code, along with section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act, 1984.
The AAP legislator was, however, acquitted under charges of 323 and 353 of IPC.
In his appeal filed through advocate Mohd Irshad, Bharti stated that "Trial Court, as well as Court of Special Judge, failed to appreciate that the Petitioner had not committed any overt act nor used any criminal force nor assaulted anyone, there is no evidence of formation of unlawful assembly for common object or for rioting, thus no ingredients of an offence under Section 147 /149 IPC can be made out against Petitioner."
"Further, there is no incriminating evidence led by the prosecution to attribute any role / overt act to fulfill the ingredients of an offence under Section 3(1) of The Prevention of Damage to Public Property Act, 1984," the appeal said.
Magistrate Court earlier on January 23 sentenced him to two years jail term.
According to the prosecution, on September 9, 2016, AIIMS Chief Security officer RS Rawat lodged a complaint with the Delhi Police accusing MLA Somnath Bharti and his 300 supporters of misbehaving with security guards of AIIMS.
Rawat also told the police that Bharti gave permission to unauthorised persons with JCB machines to get access inside AIIMS.
The chief security officer accused the AAP MLA and others of trying to encroach government land and of disrupting peace in the hospital.
( With inputs from ANI )
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