Court stays arrest of AAP MLA till further order

A court here today directed the Delhi police not to arrest an AAP MLA Naresh Balyan till further orders in a case of allegedly inciting people to take the law into their hands and attack public servants and deter them from discharging their duty.
Special judge V K Dahiya passed the directions on an application filed by the Uttam Nagar MLA seeking anticipatory bail and stayed his arrest till March 1, the next date of hearing, and directed the politician to join the investigation.
The FIR had alleged that Balyan had exhorted the public in a public meeting on February 23 to take law into their hands and had stated that public servants, including the chief secretary, should be taught a lesson by beating.

The arrest of the petitioner is stayed till the next date of hearing. Applicant is directed to join the investigation as and when required by the IO (investigating officer). Now, come up for further arguments on March 1, 2018, the court said.
Advocate Avnish Rana, appearing for the accused, had told the court that the FIR against his client was motivated, and no offence was made out against him. It alleged that there was a well hatched plan conspiracy to book that applicant in a false and fabricated case.
The fear of arrest is looming large on the head of the applicant. The applicant is ready to join the investigation as and when required by the investigating officer, the application said.

Police had opposed the application, saying that at the meeting the politician had claimed that the chief secretary had levelled false allegations regarding the recent assault incident.

Also he had said that "such an officer should be beaten as chief secretary has not cleared the file of common man and stumbling blocks are being put in the work of the common man by him. Such officers should be taught a lesson", the police alleged.
The FIR had claimed that on hearing Balyan's statements, the people present there said that they will go to government officers and will render the same treatment to those officers.

"Balyan was inciting the mob so that obstruction may be caused in the discharge of public functions of public servants," the FIR had alleged.
The first information report was lodged under the sections of Indian Penal Code, including 189 (threat of injury to public servant), 505 (1C) (statements conducting to public mischief with intent to incite any class or community or persons to commit offence against any other community), and 353 (assault or criminal force to deter public servant from discharge of his duty).
The remarks were reportedly made by Balyan after Chief Secretary Anshu Parakash was allegedly beaten by AAP MLAs at a meeting held at Chief Minister Arvind Kejriwal's residence on the night of February 19.