New Delhi: A New Delhi court on Monday fixed April 29 to hear arguments on a plea by Delhi Police challenging an order of a magistrate who had refused to take cognisance of a chargesheet filed against an Aam Aadmi Party (AAP) member in an alleged rioting case.
Additional Sessions Judge (ASJ) Daya Prakash said that he would hear the arguments on April 29 on the revision petition filed by the police in the matter in which a chargesheet was filed against AAP member Shazia Ilmi.
The police had filed the chargesheet against her before Metropolitan Magistrate (MM) Ashok Kumar alleging that on August 1, 2012, about 300-400 protesters, under the leadership of Ilmi, were staging protest near India Gate and she was "instigating" them to proceed towards the Prime Minister's residence without having valid permission from the authorities.
Police had alleged Ilmi had instigated protesters to move towards the PM's residence in August 2012.
It had said that Ilmi instigated the protesters to move towards the PM's residence and they were stopped by the police and were directed to return to Jantar Mantar but they did not follow the instructions and after pushing aside the barricades and ropes, they reached Rajpath crossing. The police alleged that the protesters started running towards the PM house, causing obstruction to traffic movement and also creating a law and order problem.
The magistrate, however, had refused to take cognisance of the charge sheet filed for the offences punishable under various provisions of the IPC, including sections 145 (joining or continuing in unlawful assembly), 146 (rioting), 186 (obstructing public servant in discharge of public function) and others.
While refusing to take cognisance of the charge sheet Kumar had said, "I have come to the conclusion that even if all the facts alleged by the prosecution against the accused are considered to be true, they do not make out any offence as those alleged by the prosecution."