The Delhi High Court on Tuesday sought a response from Aam Aadmi Party (AAP) MLA Amanatullah Khan on a plea filed by the Delhi Police challenging the anticipatory bail granted to him in a case involving an alleged attack on police personnel in Jamia Nagar.
Justice Ravinder Dudeja issued notice to the Okhla legislator, seeking his reply on the police’s appeal against the trial court’s February 25 order which granted him protection from arrest.
Khan was booked on February 10 for allegedly leading a mob and facilitating the escape of proclaimed offender Shahwez Khan, who was wanted in an attempt-to-murder case. The alleged incident occurred during an operation by the Crime Branch to arrest Shahwez.
Opposing the bail, the police argued that the trial court had overlooked key legal tests, especially given that Khan already has 26 criminal cases pending against him. The police counsel contended that Khan had a pattern of interfering with law enforcement and said, “A person can’t become a judge in his own area. His past antecedents should have been considered.”
Criticizing the lower court’s approach, the police further said that the trial judge had prematurely accepted a private defence claim, treating it as if the trial had already concluded.
On February 25, the trial court held that the allegations against Khan were punishable by less than seven years and concluded that custodial interrogation was not necessary. It also accepted the argument that Khan was acting under the right of private defence under Section 35 of the Bharatiya Nyaya Sanhita, citing the potential unlawful detention of Shahwez.
The court had directed Khan to cooperate with the investigation and appear before the investigating officer as and when summoned.
The High Court has listed the matter for further hearing on August 27.
