New Delhi [India], April 29 : The Delhi High Court on Monday issued notice to Aam Aadmi Party (AAP) MLA Abdul Rehman and others in the case of assaulting a female principal of a government school in 2009.
Justice Swarana Kanta Sharma issued notice to Abdul Rehman and others and listed the matter for hearing on September 17.
Former Principal Razia Begum challenged the trial court's order to release them on probation for one year.
Delhi's Rouse Avenue court on October 30, 2023 dismissed the appeal filed by a former School principal challenging the release of Abdul Rahman and his wife on probation after the conviction in an assault case.
The court had also dismissed the appeal of AAP MLA Abdul Rahman challenging his conviction. The then-government school principal was assaulted and criminally intimidated in 2009.
On June 7, 2023, the Court released AAP MLA from Seelampur Abdul Rehman and his wife on the condition of keeping peace and good behaviour. They were convicted in April in a case of assault on a government servant.
While releasing the convicts the court had said, " The offences proved against the convicts are not punishable with death or imprisonment for life and I am of the opinion that having regard to the circumstances of the case, it is expedient to release them on probation of good conduct."
The court had imposed conditions including the convicts shall not involve themselves in any offence and registration of any further case shall make them liable for cancellation of probation.
The convicts shall receive the sentence as may be given by the Court if the benefit of probation is withdrawn, the court had said. The convicts shall maintain peace and harmony and refrain from criminal activity, the court had directed.
The court had directed further that the matter shall be taken up again after a gap of 12 months for further consideration on punishment in terms of section 4 of the Probation of the Offenders Act, 1958.
"In the meanwhile, it is specified that any breach of peace will have consequences as per law," the judge said in the order passed on June 7, 2023.
The Court had convicted a Member of the Legislative Assembly (MLA) from the Seelampur constituency, for criminally intimidating and assaulting a Government School Principal in the year 2009. He is a MLA from Aam Aadmi Party (AAP).
The Court had convicted MLA Abdul Rehman and another accused Asma under offences for Assault/ criminal force to deter a public servant from discharge of his duty and Criminal Intimidation with common Intention.
The court had said, "having carefully considered the entire case, the documents placed on record, the police report, the testimonies of the prosecution witnesses, the statement of accused persons, the arguments advanced by both the sides and the provisions of law and the rule of procedure, this court holds that the prosecution has successfully proved its case, beyond reasonable doubts, against accused Asma that she caused simple hurt on the person of a public servant in discharge of her duties".
The prosecution has further proved beyond reasonable doubt that both the accused persons i.e.Abdul Rehman and Asma, in furtherance of their common intention, criminally intimidated the complainant and assaulted her, while she was holding the office of a public servant and was in discharge of her duties as a public servant, to deter her from discharging her duties, said the Court.
Accordingly, both the accused are hereby convicted for the offences u/s 353/506 (Para II) r/w 34 IPC and additionally, the accused Asma is hereby separately convicted for the offence U/s 332 IPC, the Court had said in an order.
According to the Police, the complaint of Razia Begum, who at the time of the incident was employed as a Government Servant, working under the Directorate of Education and on the date of the alleged incident she was holding the post of Principal of a Government School.
It was alleged that on 04.02.2009 while performing duties as a Principal of SKV School, Jafrabad, Delhi, she was slapped by the accused Asma, thus causing simple hurt to the complainant.
It was further alleged that the co-accused Abdul Rehman alongwith a few other persons, barged into the school after being prepared for causing hurt. As per the complainant, the accused persons also threatened to kill her and abused her intending to outrage her modesty.