AAP MLA Somnath Bharti Jailed For 2 Yrs In 2016 AIIMS Security Staff Attack Case

In September 2016, Bharti, along with nearly 300 people, brought down the fence of a boundary wall at the AIIMS with a JCB operator.

New Delhi: A Delhi Court on Tuesday upheld the conviction and 2-year jail term of Aam Aadmi Party (AAP) MLA Somnath Bharti for assaulting a security staff of All India Institute of Medical Science (AIIMS) hospital of the national capital. As per reports, Bharti was taken into custody and sent to prison soon after the judgement.

A magistrate court had in January sentenced him to two years in prison. The decision came months after Bharti had filed an appeal against the magistrate's order earlier this year.

The AAP leader's plea was partially dismissed by Special Judge Vikas Dhull and he was convicted under sections 147 (rioting) read with 149 (unlawful assembly) of IPC and under section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act.

However, the politician was relieved from charges under sections 323 (voluntarily causing hurt), 353 (assault or use of criminal force to deter public servant from discharge of his duty) read with section 149 of IPC.

In September 2016, Bharti Bharti, along with nearly 300 people, brought down the fence of a boundary wall at the AIIMS with a JCB operator.

"It is true that only five accused persons were charged for the offence under Section 147 IPC read with Section 149 IPC and out of which four accused persons have been acquitted but still I do not find any illegality in the conviction of the appellant for the offence under section 147 IPC read with Section 149 IPC as the evidence which has come on record shows that unlawful assembly was comprising of 200-300 persons and the remaining persons could not be identified or apprehended," the Special Judge said in his order.

In January, Bharti was granted bail to enable him to file an appeal before the high court against his conviction in the case and jail term. The magistrate court had acquitted other co-accused citing a lack of evidence against them.

Bharti had earlier claimed that police officials and other witnesses had deposed against him in order to falsely implicate him in the case.

Advocate, representing the Bharti, had asked the court to grant him a lenient sentence and benefit under the Probation of Offenders Act, 1958. However, the court declined his request stating that the AAP MLA “is a well-educated person having qualification of M.Sc. (IIT-Delhi) and he is also a law graduate and a Member of Legislative Assembly”.