Attack on cops: HC seeks AAP MLA’s response on plea against anticipatory bail
The Delhi High Court on Tuesday sought the response of AAP MLA Amanatullah Khan on a petition filed by the Delhi Police challenging the anticipatory bail granted to him in an alleged case of attack on police personnel in the Jamia Nagar area.
Justice Ravinder Dudeja issued a notice to Khan and posted the matter for further hearing on August 27. The petition contests the relief granted to the Okhla legislator by a trial court on February 25, which directed Khan to join the investigation but shielded him from arrest.
Khan was booked by the police on February 10 for allegedly leading a group of people to obstruct law enforcement officers from arresting Shahwez Khan, a proclaimed offender wanted in an attempted murder case.
According to the police, the incident took place when the Crime Branch attempted to apprehend Shahwez in the Jamia Nagar area but was allegedly prevented from doing so by Amanatullah Khan and others.
Appearing for the Delhi Police, the counsel argued that the trial court had committed a legal error by overlooking Khan’s history of repeated confrontations with law enforcement, pointing out that 26 cases were pending against him at the time of the alleged incident.
The trial court, while granting anticipatory bail to Khan, noted that the charges invoked in the case attracted punishment of less than seven years, and therefore, did not warrant custodial interrogation. The judge further held that Khan’s actions, as alleged by the police, did not justify his arrest at this stage.
However, the Delhi Police have now challenged that reasoning, arguing that the trial court overstepped its jurisdiction by effectively adjudicating on matters that should be left for trial.
