Explain emergency to impose prohibitory order during Kejriwal protest, Court to cops
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Kejriwal and others were released by the court on an undertaking that they will appear before it to face trial in the case after they had refused to apply for bail. The court also sought detailed response of prosecution on March 7 on the applications filed by the accused seeking discharge in the case on the ground that they have been falsely implicated by the police to "harass" them.
In his arguments, Bhushan said that many cameras of various TV channels were present during the protest but the police has failed to produce any video evidence along with the charge sheet.
"This shows that the police has malafide intention to suppress the facts before this court," he argued. During the hearing, the court asked Bhushan to assist it in finding out whether it has power to direct the prosecution at this stage for further investigation in the case.
"The FIR is filed by police authorities with malicious and malafide intention to harass the accused persons by dragging them into the exhaustive criminal trial, so that they
can be stopped from participating in any protest and demonstration against the wrongful act of the government in
future," the plea filed through advocate Somnath Bharti
alleged. The application said that the charge sheet filed by the police is "devoid" of any substantial evidence which fails to establish a prima facie case against the accused and is just an attempt to cause harm to their reputation.
Bhushan, an accused in the case, argued that imposition of section 144 by Delhi Police was "illegal" and was in violation of the orders passed by the Supreme Court. Bhushan also said that section 144 is a provision which is meant to take care of an emergency situation only.
"How can the police apprehend that there was threat to law and order if we will march to PM's residence? We have been
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