The Delhi High Court on Tuesday issued a notice to Aam Aadmi Party (AAP) legislator Amanatullah Khan, seeking his response to a petition filed by the Delhi Police challenging the anticipatory bail granted to him by a trial court earlier this year.
Justice Ravinder Dudeja passed the order after hearing the police’s plea, which questions the relief granted to Khan on February 25 in connection with an alleged attack on police officials during an attempted arrest in the Jamia Nagar area.
Allegations Against The MLA
The Okhla MLA is accused of leading a group that allegedly obstructed law enforcement officials from arresting Shahwez Khan, a proclaimed offender in an ongoing attempt-to-murder case. The incident reportedly took place on February 10, when the Delhi Police Crime Branch reached the area to take Shahwez into custody.
According to the police, Amanatullah Khan intervened, enabling the accused to escape. The police claim that his interference was deliberate and part of a larger pattern of obstructing official duties.
Bail Granted By Trial Court
Despite the allegations, the trial court had granted Khan anticipatory bail, stating that custodial interrogation was unnecessary. It was observed that the offences alleged carried a sentence of less than seven years and did not warrant immediate arrest.
The court also noted that Shahwez Khan was “in real danger of being in continuous wrongful confinement” and applied Section 35 of the Bharatiya Nyaya Sanhita (BNS), which deals with the right to private defence of body and property.
As part of the conditions, Khan was directed to cooperate fully with the ongoing investigation.
Police Challenge In High Court
Appearing for the Delhi Police, counsel argued that the trial court had overlooked important aspects, particularly Khan’s criminal history, which includes 26 pending cases.
“He interfered with police officials and he has a habit (of doing so). A person can’t become a judge in his own area. His past antecedents should have been considered,” the counsel submitted.
The police also questioned the trial court’s reasoning, stating that it treated the right to private defence as if the trial had already concluded.
Next Hearing Scheduled
The High Court has scheduled the next hearing for August 27, while allowing time for Khan to file his response. The outcome of the case could influence future decisions involving anticipatory bail for elected representatives accused of obstructing justice.
The case adds to the ongoing scrutiny over the balance between personal liberty and the duty of law enforcement in cases involving public figures.
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