2014 midnight raid: Somnath Bharti moves HC against NHRC order

Somnath Bharti today moved the Delhi High Court challenging the NHRC order holding him guilty of "racial prejudice and unlawful acts" against the 12 African women during his controversial midnight raid early this year even as the judge recused himself from hearing the matter.
Justice Manmohan before whom the case was listed, however, recused himself and sent the matter to another court.
The plea filed through advocate Deepak Khosla, claimed that Bharti was not given any notice of certain proceedings initiated by the NHRC 'suo motu' in January 2014, in which he was prejudicially viewed by the commission as the wrongdoer and was also not given any opportunity of being heard.

It also said that the National Human Rights Commission (NHRC) had prematurely directed the Delhi government to pay Rs 25,000 compensation each to the 12 women, who have allegedly suffered racial abuse, illegal detention, intimidation, abuse, assault and indignity by the Aam Aadmi Party (AAP) leader.
"A writ of certiorari is prayed for from this court, so that the records of the NHRC may be certified as being either correct or incorrect, and if incorrect, to declare the order as a "nullity" in law, and in such event, to quash and set it aside, as it is null and void," it said.

The plea questioned whether NHRC has the jurisdiction to award compensation based on mere 'prima facie' findings, without taking the proceedings before it to their full logical conclusion.

The commission vide its press note dated October 31, had also observed that Bharti, with his supporters, humiliated the African women and wrongfully confined them in a vehicle on the ground that they were indulging in sex racket and drug trafficking.
The AAP leader also sought setting aside of NHRC's direction declaring it as a "nullity" in law.
In October, Delhi Police had chargesheeted Bharti before a trial court here on the charges of alleged molestation and other offences in a case pertaining to his midnight raid on the intervening night of January 15-16 on a house where some African women were residing.