New Delhi

The Rouse Avenue Court has reserved its order on the anticipatory bail plea of Aam Aadmi Party (AAP) MLA Amanatullah Khan. The court is set to pronounce the order today at 4 pm.

Special Judge Jitendra Singh reserved the order after seeking clarifications from the Delhi Police and the defence counsel.

Delhi Police registered a case against Amanatullah Khan for allegedly obstructing public servants in the Jamia Nagar area from arresting an alleged proclaimed offender, Shavej Khan, on February 10 this year. Khan was granted interim protection and directed to join the investigation on February 13.

During the hearing, Additional Public Prosecutor (APP) Atul Shrivastava submitted that six cases against the accused are under investigation, while five cases are pending trial.

Meanwhile, the counsel for the accused argued that the High Court had put a stay on two of the pending trial cases and that there had been no conviction.

On Monday, the Rouse Avenue Court extended the interim protection granted to Amanatullah Khan. On February 13, the AAP MLA from Okhla was granted protection from coercive action, with the court directing him to cooperate in the investigation.

Delhi Police on Monday filed CCTV footage and statements of witnesses for the court’s consideration in the case, where Khan allegedly obstructed the arrest of Shavej Khan. A status report was also submitted by the police.

An FIR was registered against Amanatullah Khan, alleging that on February 10, he obstructed the Delhi Police crime branch team attempting to arrest Shavej Khan, who had been declared a proclaimed offender and was allegedly wanted in a 2018 case registered at the Jamia Nagar police station.

Earlier, the court had criticised the Delhi Police for failing to file a supplementary charge sheet against Shavej Khan and for not cancelling his proclaimed offender (PO) status despite him being granted anticipatory bail.

APP Atul Shrivastava, appearing for the Delhi Police, submitted that custodial interrogation of Amanatullah Khan was necessary due to contradictions in his statements and those made by Shavej Khan.

Delhi Police also stated that Section 111 of the Bharatiya Nyaya Sanhita (BNS) had been invoked against Khan due to his alleged involvement in continued unlawful activities. They further claimed that 26 cases had been registered against him.

On the other hand, advocate Rajat Bhardwaj, along with Kaustubh Khanna and Irshad Khan, represented Amanatullah Khan in court.

The defence argued that the Delhi Police had already acknowledged in their status report that the PO status of Shavej Khan was not cancelled advertently. They questioned how Khan could be accused of helping someone flee from police custody under such circumstances.

It was further contended that Section 111 was invoked solely for the purpose of arresting Amanatullah Khan.

AAP MLA Amanatullah Khan had moved the anticipatory bail plea before the Rouse Avenue Court. On February 13, while passing an order, the court directed the police to conduct the interrogation under CCTV surveillance.

The court had also asked the Delhi Police to confirm whether Shavej Khan was a proclaimed offender on February 10, the date of the incident in Jamia Nagar.

A notice was issued to the Delhi Police, seeking a response on the anticipatory bail plea of the AAP MLA.

The prosecution alleged that Amanatullah Khan obstructed the police team and helped Shavej Khan escape. The defence countered that a six-member crime branch team had gone to arrest Shavej Khan, but he was not a proclaimed offender at the time, having been granted bail by the court in July 2018.

It was submitted that Shavej was granted anticipatory bail on July 30, 2018, and protected from coercive action. He had joined the investigation on July 19, 2018. A charge sheet was filed on July 20, 2018, but he was not included in it.

The defence further stated that Shavej was acquitted in an attempted murder case.

Additionally, he served four days in prison in a 2017 case in which he was declared a proclaimed offender.

ALSO READ: Why women education is important from Islamic point of view

Shavej was declared a proclaimed offender on April 4, 2018, in a case registered the same year. He later joined the investigation and was granted anticipatory bail on July 30, 2018.

The court has also sought clarification from the investigating officer regarding the case in which Shavej is allegedly wanted.