Get sanction to prosecute Somnath Bharti: Court

During proceedings, the investigating officer (IO) informed the court that sanction to prosecute Bharti is still awaited from the competent authority.

Metropolitan Magistrate (MM) Ankita Lal posted the matter to March 27 and issued a notice to the DCP concerned in the case. “In the interest of justice, one last opportunity is given to get sanction by next date of hearing. Notice issued to Deputy Commissioner of Police (DCP) concerned to expedite process in seeking the sanction,” the MM said.

The IO also requested more time to reply to Bharti’s earlier plea to “further probe” the case. The court had asked the prosecution agency to reply to Bharti’s plea in a month.

“IO seeks more time to file a reply on plea of accused under Section 173 (8) (further probe) of CrPC. One week time is granted to IO to file a reply,” the court said.

During the brief hearing, Bharti contended that he is moving an application for contempt of court as the IO has not filed a reply on his plea for further probe within the time granted by court.

The court asked what was Bharti’s locus standi as the chargesheet has not been taken into consideration nor has he been summoned in the case. Bharti said he has locus standi in the case as it was his plea on which the court had asked police to submit a reply.

However, the MM said, “Since the accused has not been summoned, he has no locus standi to move any application in the case at this stage. The application will be considered after cognizance of the chargesheet is taken. Until then his application is kept in abeyance.”

The court, however, said Bharti is free to move a contempt plea before the Delhi High Court.