The Delhi High Court, Wednesday, refused to provide interim relief to AAP leader Amanatullah Khan who had filed a petition challenging a Delhi police order declaring him a ‘history sheeter’ and a ‘bad character’ (BC) of the Jamia Nagar area due to the large number of crimes he was accused of. The High Court bench of Justice Sudhir Kumar Jain declined to stay the decision taken by the Delhi police, however the court asked the police to respond to AAP MLA Amanatullah Khan’s petition.
“It is already subjudice. I don’t think they will act on it. It requires consideration. I admit your petition…Let a status report be filed,” the high court judge Sudhir Kumar Jain said while listing the matter for further hearing on July 28.
In his plea filed in the Delhi High Court, the AAP MLA for the Okhla constituency had asked for the ‘History Sheet’ opened against him by the Delhi police to be quashed, as well as the proposal proclaiming him a ‘Bad Character.’ He has also attempted to get his name removed from the Surveillance Register, which was put to keep close watch on his activities.
During the hearing, Amanatullah Khan’s lawyer, M Sufian Siddiqui, sought the high court to grant an interim restraining order, instructing the police not to “act upon” the decision. Siddiqui contended in court that the decision to label the AAP MLA a “bad character” was made without any application of the mind by the DCP in question and that no speaking order was issued.
He further claimed malfeasance in the case, stating that the Delhi police leaked its decision to the media instead of contacting him, which is said was in contravention of the laws and regulations which mandate it to be kept confidential.
“It’s a classic case of flagrant abuse of the legal process by the Delhi Police,” Khan’s plea stated.
The court, however, declined to interfere in the decision taken by the Delhi police. It further issued a notice to the Delhi police asking them to respond to AAP MLA Amanatullah Khan’s petition.
SHO Jamia Nagar had prepared a dossier on March 28 proposing the opening of a “history sheet” against Khan and labelling him a “Bad Character” as he had been previously involved in 18 cases. On March 29 and 30, the ACP, New Friends Colony, and the DCP, South-East, respectively, approved the decision.
“He started his business at Jamia Nagar and soon formed a group consisting of persons from his village and his neighbouring villages and indulged in land grabbing and illegal constructions…. Most of the cases registered against him are related to intimidation, threatening, hurt, riots, causing hindrance to duties of public servants and causing enmities between two groups and communities,” the document prepared by the Jamia Nagar police station read.
Delhi police had said that based on these aforementioned involvements of Amanatullah Khan, they are proposing the APP leader’s name as a “bad character” of the area so that his activities could be kept under surveillance.
Notably, the Delhi police statement came a day after the AAP leader was arrested on May 12 for creating a ruckus and causing a hindrance to the anti-encroachment drive that was being carried out at Madanpur Khadar in Delhi. The next day, the controversial AAP MLA Amanatullah Khan was granted bail by the Saket court after he was arrested by the Delhi Police and sent to judicial custody for protesting and instigating locals against the anti-encroachment drive in Madanpur Khadar. The AAP MLA Amanatullah Khan was also booked for obstructing the demolition drive in Shaheen Bagh earlier that week.
