Delhi High Court Stays AAP MLA Somnath Bharti's Conviction In AIIMS Assault Case

Hearing AAP MLA Somnath Bharti's challenge to his conviction and sentence of a 2-year jail term in the All India Institute of Medical Sciences (AIIMS) security-staff assault case, a single judge bench of Justice Suresh Kait has suspended the jail term, stayed the conviction, and issued notice to the Delhi government on the plea.

The High Court has listed the matter for further hearing on May 20.

Bharti was taken into custody and sent to prison on Tuesday after the Sessions Court upheld his conviction and sentencing of 2 years in prison. In his plea before the high court, he sought setting aside of the trial court's order and acquitting him of all charges.

According to the prosecution's case, on Sep 9, 2016, Bharti, along with nearly 300 others, brought down a fence of a boundary wall at AIIMS with a JCB operator.

A Delhi Court on Tuesday had affirmed the conviction of AAP MLA Somnath Bharti in the AIIMS Assault Case under sec.147 (punishment for rioting) read with sec. 149 (Every member of unlawful assembly guilty of offence commit­ted in prosecution of common object) of the Indian Penal Code along with sec. 3 of Prevention of Damage to Public Property Act, 1984. Howeverer, the Court set aside his conviction under sec. 323, 353 read with sec. 149 of the IPC.

Special Judge Vikas Dhull pronounced the judgment in an appeal preferred by Somnath Bharti, while allowing the appeal partly, which challenged the earlier order dated 23rd January 2021 sentencing him to 2 years of imprisonment in the case.

The Court had ordered, "...appeal is dismissed qua the conviction and sentence of appellant u/s 147 IPC read with Section149 IPC and under Section 3(1) of PDPP Act. Appellant be taken into custody and be sent to Jail for serving the sentence as awarded by the Ld.Trial Court vide its sentence order dated 23.01.2021 fort he offence under Section 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act."