Bharti gets 2 yrs in jail for attack on AIIMS staff
NEW DELHI: Aam Aadmi Party (AAP) MLA Somnath Bharti stood disqualified on Saturday after a city court sentenced him to two years’ imprisonment in a 2016 case for assaulting All India Institute of Medical Sciences (AIIMS) security staff and destroying public property.
Additional chief metropolitan magistrate Ravindra Kumar Pandey also imposed a fine of ₹1 lakh on Bharti, the MLA from Malviya Nagar. The judge, however, granted Bharti bail to enable him to file an appeal before the high court against the conviction and jail term.
Under the Representation of the People Act, a legislator is disqualified on being sentenced to jail for a minimum of two years.
Former additional solicitor general and senior advocate Sidharth Luthra, citing a 2013 Supreme Court judgment, said a legislator is disqualified immediately after being been convicted and sentenced to a minimum two years of imprisonment.
“Any MP/MLA or MLC, who gets a minimum imprisonment of two years, stands immediately disqualified according to the Lily Thomas vs Union of India judgment of the apex court. The legislator will have to take a stay on the conviction to remain in the fray. Mere suspension of sentence or the jail term will not suffice,” Luthra said.
The AAP said, “We respect the judiciary and have full faith in it. However, we feel an injustice has happened to Somnath Bharti in this case. Somnath is a very popular leader and is loved by everyone in his constituency. He works 24 hours for his people. People in his constituency are saddened to hear the news.”
“Somnath is filing an appeal. We are confident that justice will be done to him at the appellate level,” the party added.
Bharti said he would file an appeal in a higher court. “I have complete belief in the judiciary. I
am preparing an appeal and will file it as soon as it’s ready.”
Delhi assembly speaker Ram Niwas Goel said Somnath Bharti has not been disqualified as yet.
“I am out of Delhi and will return by Sunday evening. I will seek legal opinion for the next step... In any case, as per the tenth schedule, the Speaker gets a time of three months to decide on a disqualification petition for any MLA of the legislative assembly,” said Goel.
The court acquitted Bharti’s co-accused Jagat Saini, Dileep Jha, Sandeep Sonu and Rakesh Pandey for want of evidence. The case was lodged on the basis of a complaint from RS Rawat, AIIMS chief security officer.
According to the prosecution, on September 9, 2016, Bharti, along with nearly 300 others, brought down a portion of the boundary wall and fencing at AIIMS, using an earth mover.
“The infrastructure and public property of the country are not of any leader, party or government but these are national assets...,” the judge said in the sentencing order.
The court convicted Bharti of various offences under the Indian Penal Code, including under sections 323 (voluntarily causing hurt), 353 (assault or use of criminal force to deter public servant from discharge of his duty) and 147 (rioting).
It also held him guilty under Section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act. The offences carry a maximum punishment of five years in jail.