New Delhi : A court here Monday recused herself from hearing the Jan 16 midnight raid case after former Delhi law minister Somnath Bharti’s counsel told court that he has no faith in it.
Metropolitan Magistrate Niti Phutela transferred the matter to the chief metropolitan magistrate for passing order and recused herself from conducting further proceedings in the case.
Bharti’s counsel Deepak Khosla said he has no faith in the present court due to its refusal to accurately record the fair rendition which took place Monday.
“Counsel for applicant has started using unparliamentary language and started insulting the court by using taunting language and the present court can improve/change her vocabulary,” the court said and directed them to appear before the CMM Nov 5.
The court direction came while passing its order on Bharti’s plea seeking registration of first information report against erring policemen for conducting a biased probe in the case.
The court said the plea made by Bharti is pre-mature and cannot be entertained without availing the appropriate remedies. However, it kept the application pending.
Advocate Khosla requested court to apprise him of the decision on the plea seeking FIR before the order was signed by the magistrate. He told court that he wants to address the further argument on this matter.
The court said that the matter is pending and it will hear the matter on the next date of hearing.
Bharti, in his plea, sought an FIR against unidentified police officials under various charges dealing with framing incorrect record, corruptly making report, making false charge of offence with intent to injure and various other things.
Bharti and 17 others were charge sheeted Sep 29 under 16 sections of the Indian Penal Code, including outraging the modesty of women in the case.
In the charge sheet, a document of over 100 pages, police have cited around 41 prosecution witnesses, including nine African women, to buttress the charges.
Police lodged a first information report Jan 19 against “unidentified accused” on the court’s direction and booked them on various charges dealing with wrongful confinement, criminal intimidation and act intended to insult the modesty of a woman.
The court order came on a plea by a Ugandan woman who sought registration of an FIR against unidentified people for creating a ruckus during the raid between 1 a.m. and 3 a.m. in Khirki Extension here Jan 16.
The minister allegedly visited a house in Khirki Extension after receiving complaints about an alleged prostitution and drug racket in the area.