New Delhi, Mar 1: A Delhi court on Wednesday discharged AAP MLA Amanatullah Khan in a case of alleged rioting and stone pelting on police personnel in May 2022 while opposing a demolition drive being carried out by the South Delhi Municipal Corporation.
Special Judge Vikas Dhull passed the directions on an appeal filed by Khan against a magisterial court's order.
The metropolitan magisterial court had directed framing of charges against Khan and others under sections 147 (rioting), 153 (provocation with intent to cause riot), 186 (obstructing public servant in discharge of his public functions), 353 (assault or criminal force to deter public servant from discharge of his duty) and 332 (voluntarily causing hurt to deter a public servant).
The sessions court on Wednesday said the magisterial court's order suffered from "grave illegality" and was not sustainable in the eyes of law.
The judge said that the magisterial court had placed heavy reliance upon the statement of witnesses, even though video recording was not supporting the allegations made by the witnesses, to come to a prima facie view that charge is required to be framed against the revisionist and other accused persons.
The judge said there were two views possible, one of which, based upon the statement of witnesses, raises a suspicion only that revisionist and other accused persons had committed the offence alleged by the witnesses.
However, the other view, which was made out from the video recording did not raise a grave suspicion that revisionist and other accused persons had committed the offence alleged by the witnesses in their respective statements, the judge noted.
"It is a settled principle of law that if two views are possible and one view raises a suspicion only, then accused needs to be discharged. In the light of above discussion, the impugned order suffers from grave illegality and is not sustainable in the eyes of law," the judge said while discharging Khan.
The metropolitan magistrate had on January 20 ordered framing of charges against Khan and others.
According to police, Khan, who was the area MLA, along with his supporters, had formed unlawful assembly and pelted stones on Delhi police personnel, besides damaging public property while opposing a demolition drive being carried out by the South Delhi Municipal Corporation in Kalindi Kunj area on May 12, 2022.
Reasonable force had to be used at the spot to curtail the crowd, police said, adding that several police officials got injured in the stone pelting.
The unified Municipal Corporation of Delhi (MCD) had formally come into existence on May 22 last year. It was reunified by merging three civic bodies - North, South and East municipal corporations or NDMC, SDMC and EDMC.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Hyderabad (PTI): Talks between employees of Telangana State Road Transport Corporation (RTC) who were on strike and the state government concluded successfully on Friday as the government agreed to the key demands of the workmen.
Following a day-long marathon of talks between the leaders of the employees' Joint Action Committee (JAC) and the cabinet sub-committee, the government announced after midnight that it acceded to the demands, including a merger of RTC with the government, 11 per cent pay revision and elections to the employees' unions.
A committee comprising officials and employee leaders would be appointed over the merger of RTC with the government, it said.
The RTC management has also agreed to address the remaining issues as well, an official release said.
The employees would call off their strike and the RTC buses would hit the roads shortly, it said.
The employees had been on an indefinite strike since April 22 over a series of demands, including the merger of RTC with the government.
Earlier in the day, a driver of the RTC, who attempted suicide on April 23 during the strike, died at a hospital here in the early hours of Friday.
Shankar Goud, a 55-year-old driver, set himself ablaze by pouring petrol at Narsampet in Warangal district when the employees were staging a protest on Thursday in support of their demands.
Goud suffered serious burns, was initially admitted to a state-run hospital in Warangal, and later shifted to a super-speciality hospital in Hyderabad for advanced treatment.
"He succumbed (to injuries) at about 1.30 am on Friday," a senior official said.
The driver’s body was taken to his relative’s village, Muttojipet in Warangal district, for funeral rites.
Tension prevailed in Muttojipet as his family members and RTC employees attempted to take the body to the Narsampet bus station, where he worked, to enable his colleagues to pay their last respects. However, police did not permit this, citing law-and-order concerns.
This led to a deadlock before the funeral could proceed.
Union Minister Bandi Sanjay Kumar criticised the Telangana government for not allowing the body to be taken to the Narsampet bus station.
Kumar, Minister of State (Home), visited Muttojipet village in Warangal district, where the funeral was held, and paid homage to Goud.
“They (family members) want to take the body to the bus depot for five minutes. Is the RTC bus depot in Pakistan or Bangladesh? They are emotionally attached to taking the body there. The government is hurting sentiments and creating fear among RTC employees,” Kumar told reporters.
He also expressed anger at the police for not allowing the body to be taken to the bus station and staged a protest, according to a release from his office.
RTC employees and BJP workers attempted to take the mortal remains in an ambulance to Narsampet, but were stopped by the police.
Later, after discussions with the police, the family members and RTC employees agreed to conduct the funeral in the village.
Sanjay Kumar, stating he would abide by the family’s decision, left the village after the funeral was conducted there.
Transport Minister Ponnam Prabhakar said an ex gratia of Rs 10 lakh, a house, and a government job would be provided to the kin of Goud.
Chief Minister A Revanth Reddy expressed shock over the employee’s death and conveyed deep condolences to the grieving family, according to the release.
The RTC employees’ JAC had earlier announced an agitation programme from April 24 to 29, including silent marches and submission of memorandums to MLAs and other leaders.
