AAP MLA from Model Town to face trial in 2013 rioting case

AAP MLA Akhilesh Pati Tripathi will face trial in a 2013 rioting case here with a Delhi court framing charges against him and others.

Special Judge Arun Bhardwaj framed charges against Tripathi, who is MLA from Model Town constituency here, and 17 others for rioting, obstructing the Delhi police from doing its duty, using criminal force on police and voluntarily causing hurt to them, after the accused pleaded not guilty and claimed trial.

According to the charge sheet filed by the Delhi Police, the AAP MLA and other party workers allegedly instigated a mob of about 300 people against the Delhi Police claiming it had not taken serious action to catch the culprits in a murder case.

In the incident, 12 police officers were wounded with one suffering from grievous injuries, the charge sheet said.

The court said that since the accused knew that a body has been kept in the middle of the road for blocking the traffic, it can be assumed that the accused knew that further serious offences are likely to be committed if instigated.

"When a dead body is kept in the middle of the road by her family members, the accused ought to have known that as tempers go high, the members of unlawful assembly are likely to commit the offence of pelting stones on law enforcing agency, that is, the police when efforts would be made to disburse them," the court said.

It said that "since the persons wearing white caps were part of an assembly whose common object was to block the traffic on the road and compel the police to omit to do what they are legally bound to do, they were voluntarily obstructing the police in the discharge of their duties".

The court, however, discharged one of the accused among the 21 against whom charge sheet was filed, noting that mere presence in an assembly does not make such a person a member of unlawful assembly "unless it is shown that he had done something or omitted to do something which would make him a member of an unlawful assembly".

Advocate Anil Sahani, appearing for the discharged accused, had submitted the phone call details which showed that he was not present at the spot during the incident and went there only after everything was over and the body was taken to the cremation ground.

The court put up the matter for recording prosecution evidence on January 21.

The court has framed the charges under sections 147 (rioting), 186 (obstructing public servants in carrying out their duty), 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty), 333 (causing hurt to public servant) read with section 149 (unlawful assembly) of Indian Penal Code and under sections of the Prevention of Damage to Public Property Act, 1984.

The varying punishment for these offences range from three months for obstructing public servants to a maximum of 10 years for causing hurt to public servant.

According to the charge sheet, the mob had brought the dead body and kept it in front of Tripoliya gate at GT Karnal road to block the traffic. Around 50 workers of Aam Aadmi Party who were wearing white caps joined the crowd and started shouting slogans against Delhi police which allegedly led the mob to throw stones at the public servants.