Delhi HC seeks AAP MLA Amanatullah Khan's response on plea against anticipatory bail

The Delhi High Court on Tuesday sought the response of AAP MLA Amanatullah Khan on a plea challenging his anticipatory bail in an alleged case of attack on cops in Jamia Nagar in the capital. Justice Ravinder Dudeja issued notice on Delhi Police’s plea against the relief granted by the trial court on February 25. The MLA from Okhla was booked on February 10 for allegedly leading a mob and aiding a proclaimed offender, who was accused in an attempt-to-murder case, to escape from custody. The incident, police said, occurred when Delhi Police's Crime Branch attempted to arrest Shahwez Khan. The police counsel said the trial court erred in granting the relief to Khan without considering the test applied in such cases, especially when there were 26 cases pending against the lawmaker. "He interfered with police officials and he has a habit (of doing so). A person can't become a judge in his own area. His past antecedents should have been considered," the counsel said.

The right to private defence was decided by the subordinate court as if the trial in the case was over, he added. The trial court on February 25 held that Khan deserved the anticipatory bail and directed him to join and cooperate in the investigation whenever summoned by the investigating officer. The trial judge observed the offence alleged against Khan attracted less than seven years, and there was "no requirement of custodial interrogation" in the case. Shahwez, it went on to say, was "in real danger of being in continuous wrongful confinement" and, therefore, Khan was protected under Section 35 (right of private defence of body and of property) of Bharatiya Nyaya Sanhita (BNS). The matter would be heard next on August 27.