New Delhi: The Delhi Police on Tuesday opposed in a court here the anticipatory bail plea of AAP MLA Surinder Singh, against whom an FIR has been registered for allegedly assaulting a worker of New Delhi Municipal Council (NDMC) and making derogatory remarks against him.
Questioning the maintainability of the plea, the prosecutor argued that the FIR has been lodged under various provisions of IPC and under relevant sections of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and anticipatory bail was barred under the special legislation.
"Anticipatory bail plea is barred under SC/ST Act and thus the petition for anticipatory bail is not maintainable," Special Public Prosecutor Anupam S Sharma told Additional Sessions Judge Reetesh Singh.
He argued that Singh has been evading the notices sent by police to join the investigation in the case and his interrogation was required.
Senior counsel H S Phoolka, who appeared for Singh, sought bail saying the MLA has been falsely implicated in the case.
Phoolka said Singh had already joined the probe and he had not passed the alleged derogatory remarks warranting charges under SC/ST Act.
Referring to a Delhi High Court verdict, he said that bar to grant anticipatory bail for the alleged offence under SC/ST Act would not apply if the Act has been wrongly slapped.
The court, after hearing the submissions, said it would pronounce tomorrow its order on maintainability of the plea.
In his bail plea, Singh alleged that on August 4, he was going to his residence and at Tughlaq road area here, he saw that some persons were beating a street-vendor and demanding bribe from him.
He alleged that on seeing the incident, he stopped there and inquired about it after which he came to know that those persons were NDMC officials.
Singh claimed that later a false case was lodged against him.
"The applicant (Singh) even did not know any of those 7-8 persons (NDMC officials), by their face, name or caste. Hence, the question of committing any offence under SC/ST Act does not arise," the plea said.