NEW DELHI: The Delhi High Court on Monday permitted a trial court to hear arguments on framing of charges in the then chief secretary assault case in which Chief Minister Arvind Kejriwal and his deputy Manish Sisodia were made accused.
The high court allowed an application by the then chief secretary Anshu Prakash and modified its March 14, 2019 order by which the trial court was directed not to hear arguments on the charges. “The trial court can proceed and hear the matter at the stage of arguments on charge,” Justice Vibhu Bakhru said.
Prakash has also sought a direction for an early hearing of the petition filed before the high court by Kejriwal and Sisodia challenging the trial court’s order that prosecution in the case be conducted by a Delhi Police officer, not below the rank of Additional Commissioner.
The two AAP leaders had also challenged the trial court’s order of October 22, 2018 permitting two other advocates to conduct the prosecution on behalf of the officer of Delhi Police, instead of a regular public prosecutor attached to the court concerned.
The high court, however, noted that the petition is listed for hearing on November 2 and it was not feasible to hear it at an earlier date. During the hearing, lawyers for both sides said that had no objection if the case is prosecuted by the regular public prosecutor before the trial court.
The criminal case relates to an alleged assault on Prakash during a meeting at Kejriwal’s official residence on February 19, 2018. Prakash was later transferred and is now the Additional Secretary in the Department of Telecom. On October 25, 2018, Kejriwal, Sisodia, and nine other AAP MLAs were granted bail by the trial court in the assault case. The other two MLAs, Amanatullah Khan and Prakash Jarwal, who are also accused were earlier arrested in the case and granted bail by the high court.