Wednesday, 12 August,New Delhi : In a setback to AAP MLA Surinder Singh, a Delhi court on Wednesday dismissed his anticipatory bail plea in a case in which he has been accused of assaulting an NDMC employee and passing casteist remarks.
The court said a prima facie case is made out against Singh, a former NSG Commando and AAP MLA from Delhi Cantonment, under the Scheduled Castes/Schedules Tribes (Prevention of Atrocities) Act.
“Ingredients of offence under the SC/ST (Prevention of Atrocities) Act are prima facie made out against the accused,” Additional Sessions Judge Reetesh Singh said, adding the anticipatory bail plea was not maintainable due to the bar under the SC/ST Act.
The court had yesterday reserved the order on the plea after hearing arguments of the counsel for Singh and police. Special Public Prosecutor Anupam S Sharma had opposed Singh’s anticipatory bail plea and questioned maintainability of the application saying that the FIR has been lodged under various provisions of IPC and SC/ ST(Prevention of Atrocities) Act and anticipatory bail was barred under the special legislation.
Senior counsel HS Phoolka, who had appeared for Singh, had sought bail saying the MLA has been falsely implicated in the case. He had said Singh had already joined the probe and he had not passed the alleged derogatory remarks warranting charges under SC/ST Act.
The prosecutor had argued that Singh has been evading the notices sent by police to join the investigation in the case and his interrogation was required.
Referring to a Delhi High Court verdict, Phoolka had said that bar to grant anticipatory bail for the alleged offence under SC/ST Act would not apply if the Act has been wrongly slapped.
In his bail plea, Singh had alleged that on August 4, he was going to his residence and at Tughlaq road area here, he saw that some persons were beating a street-vendor and demanding bribe from him. He had alleged that on seeing the incident, he stopped there and inquired about it after which he came to know that those persons were NDMC officials.
Singh had claimed that later a false case was lodged against him.
“The applicant (Singh) even did not know any of those 7-8 persons (NDMC officials), by their face, name or caste. Hence, the question of committing any offence under SC/ST Act does not arise,” the plea had said.
According to the police, Singh and his companions had allegedly beaten up NDMC’s beldar Mukesh, who was part of a team that was conducting a routine check of encroachment in Tughlaq Road area on August 4.
Sanitary Inspector RJ Meena, on whose complaint the FIR was lodged, had said the NDMC team was acting against the vendor for encroachment when the MLA arrived and started arguing in favour of him and later beat up Mukesh along with his men. A case was registered against Singh and two other persons under various sections of IPC and SC/ST Act.
Singh is also an NDMC member.