AAP MP Swati Maliwal acquitted in 2011 protest case

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DelhiAccording to the prosecution, astir 4.45 p.m. connected November 29, 2011, Maliwal on with others led a radical of 100-125 radical and assembled astatine the Inner Circle of Connaught Place raising anti-government and pro-Lok Pal Bill slogans, contempt determination being a prohibitory bid successful place. (File)

A Delhi tribunal has acquitted AAP Rajya Sabha MP Swati Maliwal successful a 2011 lawsuit wherever she was accused of protesting during the ‘India Against Corruption’ question contempt prohibitory orders promulgated by the past Assistant Commissioner of Police of Connaught Place.

“Mere disobedience of specified an bid cannot beryllium made punishable nether conception 188 IPC (disobeying an bid from a nationalist servant) unless it is besides shown that specified disobedience caused immoderate obstruction, annoyance oregon wounded to a idiosyncratic lawfully employed,” said Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra of Rouse Avenue Court connected September 30 portion acquitting Maliwal, Arvind Gaur and Neeraj Kumar Pandey.

According to the prosecution, astir 4.45 p.m. connected November 29, 2011, Maliwal on with others led a radical of 100-125 radical and assembled astatine the Inner Circle of Connaught Place raising anti-government and pro-Lok Pal Bill slogans, contempt determination being a prohibitory bid successful place. The assembly besides allegedly caused a postulation jam successful the area.

However, the justice noted that the lone portion of documentary grounds produced by the prosecution was a fewer videos taken by Constable Balbir. The lone autarkic witnesser successful the lawsuit Durga Nand Jha failed to place the accused persons successful the tribunal citing a lapse of time, the tribunal stated.

It besides noted that the constabulary witnesses started “improving” their statements erstwhile the prosecution was questioned connected however they made the prohibitory bid known to the public.

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The tribunal besides considered the clip lapse of 13 years aft the alleged incidental portion acquitting the accused. “…it is lone earthy for anyone to hide the faces of persons who are not known to them from before, particularly considering the immense fig of gatherings that were involved, the credibility of the witnesses connected the constituent of recognition successful the tribunal becomes questionable,” said the ACMM.

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First uploaded on: 08-10-2024 astatine 04:35 IST

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