AAP Rajya Sabha MP Swati Maliwal.
A court here has recently acquitted Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal and two other persons booked in a case for violating the Delhi police’s prohibitory orders by protesting for Lokpal bill in 2011.
Additional Chief Judicial Magistrate (ACJM) Divya Malhotra of Rouse Avenue Courts acquitted Ms. Maliwal, Arvind Gaur and Neeraj Kumar Pandey of the offences under Section 188 (disobeying an order from a public servant) and 34 (common intention) of the Indian Penal Code, 1860.
The court, in its order of September 30, 2024, noted that in order to prove its case, the prosecution is required to show that the order was promulgated in the manner prescribed by law and the accused persons had knowledge of the prohibitory orders despite which they disobeyed the same.
“The same is lacking in the present case,” the court observed.
It added that besides the materially improved bald testimonies of some of the police witnesses, which are held to be unreliable, the prosecution has not produced any evidence related to the case.
It further said that the prosecution has also not been able to establish the presence of the accused at the spot beyond reasonable doubt, the benefit of which has to be granted to the accused.
Published – October 08, 2024 12:41 am IST