Aam Aadmi Party (AAP) MLA Somnath Bharti has challenged the Delhi High Court’s sentence of two years imprisonment in the case of assault by AIIMS security personnel. A petition has been filed by Somnath Bharti against the conviction in the High Court on Wednesday.
A Delhi court on Tuesday upheld the two-year imprisonment awarded to AAP MLA Somnath Bharti for assaulting the AIIMS security personnel and sent him to custody and sent to jail. He was sentenced to two years of imprisonment by a magistrate court in January.
Special Judge Vikas Dhul partially dismissed Bharti’s appeal and convicted him under Section 147 (rioting) of the Indian Penal Code (Section 149 (illegal accumulation) and Section 3 of the Prevention of Damage to Public Property Act. However, the court dismissed the conviction under section 323 (intentionally injuring), 353 (assault to prevent public servant from doing duty) of the Indian Penal Code.
AAP MLA Somnath Bharti who was convicted and sentenced in assault by AIIMS security staff case by trial court has moved Delhi High Court challenging his conviction and two-year sentence
(file photo) pic.twitter.com/GyMHfuDHSB
– ANI (@ANI) March 24, 2021
According to the prosecution, on September 9, 2016, Bharti along with about 300 others broke a wall of the All India Institute of Medical Sciences (AIIMS) with the help of a JCB machine. Bharti had said that AIIMS has no right to cover the drain between Gautam Nagar and Ring Road as it is a public property. Investigation revealed that it was leased to AIIMS to cover and repair the sewer.
The sessions court said in its order that the statements of eyewitnesses of the incident showed that Bharti was present with 200 to 300 people near the AIIMS wall and was trying to break the wall and fence with the help of a GCB machine. He said that when some eyewitnesses opposed it, they were abused and injured due to stone pelting.
In January, Bharti was granted bail to plead guilty in the case and file an appeal in the High Court against the jail sentence. This matter was the Chief Security Officer of AIIMS R.S. Was filed on the basis of Rawat’s complaint.