Nowadays, political persons are thinking they are above law: HC

PRAYAGRAJ : While rejecting the bail application of former MLA from Kasganj Hasrat Ullah Sherwani, who was convicted by a lower court of assaulting a person in the police lock-up over nine years ago, the Allahabad high court observed, “Nowadays, the legislatures and political persons are thinking themselves as above the law. This menace cannot be lightly taken and should be dealt with iron hand.” The appellant—Hasrat Ullah Sherwani—was a sitting MLA when the incident had taken place on August 30, 2012. He represented the Kasganj assembly constituency of UP’s Etah district from 2007 till 2012.

Hearing the appeal filed by Sherwani seeking suspension of sentence and his release on bail during the pendency of the appeal against lower court’s conviction order, Justice Mohd Aslam observed, “It was his duty to raise the issue of misuse of law in Assembly and get it remedied but instead of it he himself misused the law and took law in his hand and pressurized the police personnel to adopt third degree and get him lodged in police lock up, this act of the accused amounts to misuse of police machinery, therefore, his act deserves no sympathy instead of condemnation”.

The additional district and sessions judge, Kasganj, had on August 25, 2021 convicted Sherwani and seven others under various Sections of Indian Penal Code (IPC) ,including the offence of attempt to murder. As per the prosecution case, one Shamshad was lodged in the police lock-up in connection with some case.

On August 30, 2012 at 2 pm, the accused-appellant Sherwani, the then MLA, along with other persons, including his relatives and supporters, came to the police station and instructed the police to beat Shamshad.

After that Sherwani, armed with rifle and gun, along with his supporters who were armed with sticks proceeded towards the police lock-up and caught hold of Shamshad’s hand in the lock-up from outside and assaulted him with an intention to kill him by the butt of the rifle and other guns and sticks. However, he was saved when the then station house officer Ram Murti Yadav intervened.

Thereafter, Shamshad lodged a First Information Report in this connection against the appellant and seven others on September 14, 2012 at Dhalana police station of Kasganj. The court has listed the appeal against the lower court’s judgment for hearing on January 10, 2022.