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HC allows trial court arguments on framing charges against CM, others in Delhi chief secy assault case

Former Delhi Chief secretary Anshu Prakash had moved the Delhi High court on 20th august 2020, seeking an early hearing in the case of an alleged assault by 13 AAP MLAs including Delhi CM Arvind Kejriwal and Deputy CM Manish Sisodia on the night of 19th February 2018.

Anshu Prakash had asked for a hearing on the ground that there has been no substantial movement / hearing in the case since April 2019 and according to guidelines by the Supreme Court, cases related to sitting or ex-MLAs must be disposed off within a year.  

After the chargesheet in the matter was filed by Delhi Police on 13th August 2018 in the matter, in September 2018 , the court took cognizance of the offences and summoned 13 people as accused.

After which the complainant, former CS Anshu Tyagi, moved an application under section 302 crpc, for entrustment of prosecution to counsel nominated by Delhi Police in place of state prosecutor appointed by GNCTD.

In October 2018, court allowed complainant’s application and entrusted prosecution of the case to an officer of the Delhi Police.

CM Arvind Kejriwal and DY CM Manish Sisodia then challenged the court’s order before the Delhi High court, after which the HC issued notice passing interim directions that the parties would seek an adjournment before the Trial court.

These directions were modified in march 2019, saying that proceedings before the trial court could continue but the court was not to hear arguments on charge…and today, vacating the stay imposed under it’s march 2019 order .

The court has allowed hearing in the matter.. and the next hearing before the trail court is scheduled on 21st september 2020.

 

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