Delhi HC grants interim bail to former Congress MLA accused of misbehaving with police

Delhi High Court on Monday granted interim bail to former Congress legislator Asif Mohammad Khan, who is accused of misbehaving with police personnel, on the condition that he would offer his services at an adult education centre and mend his ways.

Noting that Khan is an alumnus of Jamia Millia Islamia, Justice Dinesh Kumar Sharma directed him to provide the service three days a week.

Khan was arrested on January 5 for allegedly misbehaving with police personnel in southeast Delhi's Shaheen Bagh area. He approached the high court after a trial court had dismissed his bail plea.

The high court asked him to mark his presence before the Shaheen Bagh police station SHO every alternate day and said that he shall go there without his supporters. It also asked him to approach the Delhi State Legal Service Authority member secretary for rendering service at an adult education centre, run by some recognised NGO, thrice a week for two hours.

The high court also made it clear that if found indulging in a similar offence, the state shall be at liberty to seek cancellation of his interim bail and listed the matter for further hearing on September 6.

"He has remained an MLA and his daughter is an MCD (Municipal Corporation of Delhi) councilor. If he uses such abusive language, what other people will do," the high court orally said. Khan’s counsel submitted that he is an educated person -- an alumnus of Jamia Millia Islamia -- and has been in custody for over 70 days.

However, the plea was opposed by the prosecutor who contended that he was a repeat offender and, if granted bail, a wrong message would be sent to society. While denying bail to Khan, the trial court had said that his conduct in the videos regarding the incident prima facie showed that he did not have respect for the law and considered himself above it.

"If law enforcers are attacked or abused and accused are released on bail, it will send the wrong signal in society. To my mind, in these circumstances, the bail application of accused Asif Mohammad Khan does not deserve to be allowed and is accordingly dismissed," the trial court judge said in the January 28 order.

Khan had allegedly misbehaved with officials when police were checking CCTV camera footage regarding an incident of motor vehicle theft at Nai Basti on January 4, the police had said. Shaheen Bagh police station registered an FIR against him under sections 353 (assault or criminal force to deter public servant from discharge of his duty), and 341 (punishment for wrongful restraint) of the Indian Penal Code (IPC).

It had also registered the case under sections 186 (obstructing public servant in discharge of public functions) and 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) of the IPC.