Court takes cognisance of complaint against AAP MLA, but says no FIR needed

A Delhi court has taken cognisance of a complaint against AAP MLA Saurav Bhardwaj for alleged offences of extortion, criminal intimidation and defamation, but refused to direct the Delhi Police to register an FIR against the lawmaker.

Additional Chief Metropolitan Magistrate (ACMP) Samar Vishal said it was not a case where some expert investigation was required to collect evidence and the complainant can produce corroborative evidence without any police assistance.

"I am of the view that the present complaint does not require any field investigation by the police. The nature of offences stated in the complaint are personal to him and he has to prove the same. It is not a case where some expert investigation is required to collect evidence.

"Whatever evidence is required, is mainly the testimony of complainant along with some other corroborative evidence, which the complainant can produce in the court without police assistance.

"Further, the court is competent enough to inquire into the offence alleged in this case without police aid," the ACMP said while taking cognisance of the alleged offences.

The court also observed from the status report filed by the police that the complaint emerged out of a dispute between the parties.

In his complaint, Shiv Shankar Gupta had told the court that he was manufacturing and selling mineral water in Kalkaji area here and had a valid licence for it.

The complaint alleged that in September last year, Bhardwaj, who is an MLA from Greater Kailash, along with the other accused, including the principal of a government senior secondary girls school in Kalkaji, illegally trespassed on his premises, harassed him and demanded money, threatening that they would get the unit shut and implicate him in false cases.

The court said the action of the MLA "does not come under the preview of crime of trespass".

It noted that the school authorities had filed complaints against Gupta, alleging that he had done unauthorized construction and encroachment of public pavement beside the school building, which was a big obstacle in a proposed gate under emergency evacuation plan of the school.

"Bhardwaj is a sitting MLA at Greater Kailash constituency. The government school was also under Directorate of Education Govt of NCT of Delhi. Therefore, a mere visit to the unit of the complainant along with the school principal by a public representative in view of the safety of school children and to find out the solution of obstacle in proposed emergency evacuation plan to deal with in any kind of disaster in school does not come under the preview of crime of trespass," it said.