AAP government, cops spar over Somnath Bharti case

The AAP government and city police again confronted each other in the Delhi high court on the issue of representing the state during the hearing of a plea seeking cancellation of bail granted to AAP MLA Somnath Bharti in a domestic violence case.

When the plea, filed by Mr Bharti’s wife, Ms Lipika Mitra, came up for hearing before Justice P.S. Teji, an additional standing counsel of the Delhi government objected to the appearance of the police’s lawyer, Mr Shailendra Babbar, saying a special public prosecutor (SPP) has been appointed by the AAP government. Mr Babbar opposed the contention, saying he has been appointed as SPP for this case by the lieutenant-governor. However, the government’s counsel referred to a notification, saying advocate Kamna Vohra has been appointed as SPP in the case.

The court asked the counsel to file an application in this regard and posted the matter for May 4.

The Delhi government and the police have been at loggerheads on the same issue in other cases too, like the Kanhaiya Kumar sedition case and CNG fitness scam case.

Mr Bharti’s wife has sought cancellation of his bail, granted on October 7 last year, on several grounds, including that the trial court “has not applied its mind” while granting relief to the former Delhi minister. Ms Lipika Mitra has claimed that the bail order was almost like a verdict and the trial court had relied on the case diary, which, she claimed, should not have been done at that stage.

She had lodged a case of domestic violence and attempt to murder against the AAP MLA, who was arrested in the early hours of September 29 last year after the Supreme Court had ordered him to surrender.

The trial court had granted him relief, saying he was no longer required for investigation purposes, and had observed that since he was a Delhi Legislative Assembly member there was no ground to agree with the apprehensions of the police that he may flee abroad.

However, the trial court had imposed several conditions on him, including that he would not leave Delhi without its prior permission, not tamper with evidence, and join the probe as and when required.

On September 22 last year, the high court had rejected Mr Bharti’s anticipatory bail plea.