A Delhi Court on Monday reserved the order on the bail plea of former MLA Asif Mohammad Khan till tomorrow, who was arrested in a case related to allegedly obstructing a public servant from discharging his duty and manhandling him in Shaheen Bagh area, and was remanded to judicial custody.
Metropolitan Magistrate Shikha Chahal reserved the order on bail plea after hearing the arguments of police and counsel for the accused.
Advocates Vipin Chaudhary and Alim Mijaz submitted that the case has two sections, out of which one is available, and the other has a maximum punishment of two years.
It is also submitted that the offence of promoting enmity between two groups is not made out against the accused, as there are no religious communities involved in the matter.
The counsel also submitted that the accused had been in custody for three days. He will fulfil all the conditions the court imposes for granting bail. His daughter is contesting elections and his wife is paralysed and bedridden.
The counsel alleged that the rival candidate of the opposition party gave money to the Maulvi of Tayyab masjid and asked him to convince the people to cast their vote in his favour. The accused opposed this as the code of conduct is in place for the MCD election.
On the other hand, Delhi Police opposed the bail and said there are six previous cases registered against the accused.
There are serious allegations against the accused. He defamed the police. It is a serious offence as the police is an institution and it is serious to defame it, the assistant public prosecutor said.
It is alleged that the accused abused and manhandled complainant SI Akshay who tried to stop the accused from attending a meeting.
The counsel for the accused said that he was not doing a meeting, he was just protesting against what has happened there.
The court asked the counsel if he was not doing a meeting, then why he was holding a Mike.
The counsel said the public officer was favouring the other party. He is supposed to be neutral.
The court asked, "Does this give you a right to abuse a public servant?
The counsel said, there must be something, no one abuses without a reason.
As per the allegations of Delhi Police, on November 25, a gathering of 25-30 people in front of Tayyab Masjid was observed.
The Police reached in front of Tayyab Masjid where one Asif Mohammad Khan, who is the father of congress MCD Counselor Candidate Ariba Khan, and a resident of Thokar No 09, Shaheen Bagh, Delhi along with his supporters was present in front of Tayyab Masjid and was addressing the gathering using loud hailer, police alleged.
When SI Akshay asked Asif Mohammad Khan for permission from the Election Commission to gather and address the public, he became aggressive and started misbehaving with him.
It is alleged that Asif Mohammad Khan used abusive language and used criminal force and manhandled SI Akshay.
In this regard, a case has been registered on the complaint of SI Akshay under sections 186 and 353 of the Indian Penal Code (IPC). (ANI)