A city court has dismissed the bail plea of former Congress legislator Asif Mohammad Khan, who is accused of misbehaving with police personnel, and also issued a show cause notice to the investigating officer and the Station House Officer of Shaheen Bagh.
The court issued the notice of show cause as to why both police officials should not be “convicted and punished for furnishing false information†to the court regarding the previous involvement report of Khan. Khan was arrested for allegedly misbehaving with police in southeast Delhi's Shaheen Bagh area on January 5. “If law enforcers are attacked or abused and accused are released on bail, it will send the wrong signal in society. To my mind, in these circumstances, the bail application of accused Asif Mohammad Khan does not deserve to be allowed and is accordingly dismissed,†Additional sessions Judge Sonu Agnihotri said in an order passed on Saturday.
The judge said the conduct of Khan in the videos regarding the incident prima facie showed that he did not have respect for the law and considered himself above law.
“The manner in which he is seen speaking with police officials is depreciable. Whatever the cause may be available to a person against government officials, but he is not expected to take the law into his own hands and misbehave and mishandle government officials who are discharging their official duties,†the court said. It noted that according to the FIR, Khan stopped the complainant Constable Dharampal from going to the place of occurrence, threatened him, used objectionable words and tried to incite the public. Thus, Khan used criminal force against the complainant, the court said.
During the proceedings, the court noted that the wrong involvement report or non-updated involvement report of Khan was submitted by the IO. “Issue show cause notice to IO… and SHO (of) police station Shaheen Bagh… to show cause as to why they should not be convicted and punished for furnishing false information to this court regarding the previous involvement of accused…,†court said.
It directed a copy of the order be sent to the SHO for information. The court posted the matter for further proceedings on February 10.
Khan allegedly misbehaved with the officials when police were checking the CCTV camera footage in the Nai Basti area regarding an incident of motor vehicle theft on January 4, police said. Shaheen Bagh police station registered an FIR under sections 353 (assault or criminal force to deter public servant from discharge of his duty), and 341( punishment for wrongful restraint).
It had also registered the case under IPC sections 186 (obstructing public servant in discharge of public functions) and 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code. Khan was also earlier arrested early in November 2022 for allegedly misbehaving with a police officer and manhandling him.
