Lok Adalat rejects MLA's plea

By Nirnimesh Kumar

NEW DELHI, JULY 25.

A Lok adalat has rejected the Delhi Assembly member of the Janata Dal (S), Mr. Shoaib Iqbal's request for compromise of a criminal case against him.

The Metropolitan Magistrate (MM), Mr. Rakesh Sayal, had in April sent the case to the lok adalat on a joint request by the MLA and Mr. Sharief Mirza, complainant.

``There are allegations against the accused under Section 506 part-II of IPC which, while is non-compoundable,'' presiding officer of the lok adalat said rejecting Mr. Iqbal's request.

The MM will now hear counsel for the accused on whether prima facie the allegations against Mr. Iqbal are triable on September 9.

Framing of the charges against the MLA has been pending before the court for long. Both parties had also moved an application in court for a compromise of the case in which the MLA allegedly slapped and intimidated Mr. Mirza, a supporter of an Independent candidate, at the time of filing of nomination papers for the Lok Sabha elections in 1999.

But the Public Prosecutor opposed the application saying that it was a case of threat to life and covered by Section 506 part-II of IPC, which is non-compoundable by a special notification in Delhi.

Thereafter, both parties had made a joint request for sending the case to the lok adalat for a compromise, which the court had allowed.

Under the Criminal Procedure Code, in a criminal case the court has first to decide what offence is made out and frame charges, and then, accept compromise if the offence is compounded.

But in this case, no order was passed on what offence was made out and whether it was compoundable or not, and no charge was framed.

Mr. Iqbal is on bail in the case. Earlier, he had been avoiding appearance before the court despite being served with bailable warrants four times.

Mr. Iqbal represents the Matia Mahal constituency in the Delhi Assembly. The case was registered by the Sabzi Mandi police following directions by the MM.

The MLA has been booked under Sections 323 (voluntarily causing hurt) and 506 (2) (threat to life) which is non- compoundable.

On August 18 around noon Mr. Mirza had accompanied Mr. Sualheen, the Independent candidate, to the Tis Hazari courts for filing his nomination papers for the Chandni Chowk Lok Sabha constituency.

When the complainant was standing in the corridor outside Room No. 16, Mr. Iqbal, the Janata Dal (S) candidate, grabbed Mr.Mirza by the collar and slapped him. He also threatened to kill him if he supported the candidate, the complaint said.

All this, the complainant said, happened in the presence of the Deputy Commissioner of Police (North) and Constable Sanjay Kumar who were on duty. The Constable saved the petitioner, the complaint added.

The petitioner asked the DCP to take action against the accused. The DCP asked the applicant to lodge his complaint in writing to the Police Post, Tis Hazari courts. He submitted a written report to the Police Post and a copy of it was also submitted to the Sub-Divisional Magistrate, Daryaganj, the complaint said.

But the police refused to register the case as the MLA was a political heavyweight, the complaint said.

The court admitted the complaint and asked the police to register a case following which, the Sabzi Mandi police registered the case.

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