New Delhi: The Delhi High Court Tuesday dismissed AAP leader Somnath Bharti's plea challenging NHRC order in connection with the controversial midnight raid early this year, saying it is "premature".
Justice V K Shali also said that the National Human Rights Commission (NHRC) is already seized of the matter and is likely to pronounce its verdict on January 13, 2015 on a plea by Bharti for recall of the September 29 order of the Commission, therefore the writ petition cannot be heard at this stage.
"I do not agree with the counsel (for Bharti) that the present writ petition is maintainable. In fact, September 29 order is under scrutiny before NHRC. It shows that NHRC has considered the submissions made by the petitioner here and has fixed for order on January 13.
"In light of the fact that NHRC is seized with the (content of) present writ petition, therefore, it is not maintainable and is presently premature. The present writ petition is dismissed," the judge said.
The court also recorded the submissions made by Bharti's counsel Deepak Khosla that since NHRC has passed the order that it is not going to recall the September 29 order unless the petitioner establishes his innocence, so he is not going to join NHRC if they do not recall the said order.
The commission had, through its September 29 order, held Bharti guilty of "racial prejudice and unlawful acts" against 12 African women during his controversial midnight raid in Khirki Extension in South Delhi.
After dismissal of the plea, Khosla said he will appeal against this order.