Delhi HC issues notice on plea of former MLA Prakash Jarwal seeking quashing of his conviction

New Delhi [India], September 25 (ANI): The Delhi High Court issued a notice on a plea of former AAP MLA Prakash Jarwal. He has challenged his conviction in the Doctor’s suicide case. He is seeking the quashing of his conviction.

He was convicted along with the other two convicted in February 2024.

Justice Amit Mahajan issued a notice to the Delhi Police and sought a reply to the petition. The matter is listed on November 3 for a hearing. Jarwal has challenged his conviction in a case of abetting a doctor to commit suicide. The trial court had convicted Jarwal and two others in this case in February 2024.

An FIR was lodged at the Neb Sarai police station in 2020 for abetting Dr Rajendra Singh.

Senior advocate N Hariharan alongwith advocate Siddharth Yadav, appeared for Prakash Jarwal. This matter is pending for arguments on sentence before the Rouse Avenue court.

In this matter, the petition of Kapil Nagar is pending before the bench of Justice Mahajan. The court had also asked the trial court not to hear the arguments on sentence. The High Court has already quashed the case and conviction against convicted Harish Jarwal.

The Rouse Avenue court on February 28, 2024, convicted then AAP MLA Prakash Jarwal and his associate Kapil Nagar for abetting a doctor to commit suicide. They have also been held guilty of the offence of criminal conspiracy for extortion and threat to the deceased Rajender Singh. The deceased was a doctor and was engaged in water supply through tankers.

Special Judge MK Nagpal had held Prakash Jarwal and Kapil Nagar guilty of the offences of abetment to suicide, extortion, attempted extortion, criminal intimidation and criminal conspiracy for extortion.

They were held guilty under section 506 (Criminal Intimidation to Kill), Part 2, under which the maximum punishment is upto seven years.

The third accused, Harish Jarwal, was convicted for the offence of criminal intimidation. The court had said that the prosecution had been successful in proving the allegations beyond a reasonable doubt.

On November 11, 2021, the court had framed charges against Prakash Jarwal, Kapil Nagar and Harish in different sections of the IPC.

The court had said that the offences under Section 120 B IPC read with Sections 386 (punishment for extortion), 384 (extortion) and 506 (criminal intimidation) and offences under Section 384 read with Section 120 B (criminal conspiracy) IPC, Section 386 read with Section 120 B IPC and Section 506 read with Section 120 B IPC and also under 306/34 IPC are prima facie made out against the accused Prakash Jarwal and Kapil Nagar.

The accused, Harish, was discharged for the offence under Sections 306 and 386 IPC, but he was charged for the offence under Section 506 IPC by the court.

An FIR was registered on the basis of the complaint of 18.04.2020 filed by Hemant Singh, wherein he had stated that his father, the late Rajender Singh, had been doing the work of supplying water through tankers since 2005. Delhi Jal Board had never harassed his father.

However, since the accused, Prakash Jarwal, had won and become MLA of the Aam Aadmi Party, he and one Kapil Nagar, who worked with him, and others started harassing his father for money regularly, he alleged.

It was alleged that the accused, Kapil Nagar, at the instance of the accused, Prakash Jarwal, used to take a monthly amount and give it to the accused, Prakash Jarwal. The accused, Prakash Jarwal, was a member of the Delhi Jal Board, and without taking the monthly amount, he did not allow the plying of their tankers with Jal Board.

The complainant had stated that if his father did not pay the monthly amount to the accused, Prakash Jarwal, he used to threaten his father and also threatened to destroy him. His father used to regularly give lakhs of rupees to the accused Prakash Jarwal, who was harassing his father forcibly and mentally. His father had written about the same in a diary. When his father opposed the giving of the monthly amount, his tankers were removed from the Delhi Jal Board, about which his father made a complaint to the Executive Engineer, Delhi Jal Board, GK-I, on 09.04.2020.

It was also stated that the father of the complainant had pleaded with the accused, Prakash Jarwal, several times not to harass him, as he was a heart patient, but the accused, Prakash Jarwal, did not listen and kept harassing his father continuously, of which they also had a phone recording.

It was further stated that the accused Prakash Jarwal used his power to get the payment of the deceased stopped. The father of the complainant had written about the mental harassment in his diary, and he had also mentioned the amount given to accused Prakash Jarwal in the diary which amount was taken forcibly.

It was alleged that due to the exploitation and pressure, the deceased used to remain troubled and used to write about the instances in his diary.

It was also alleged that the father of the complainant had sold his ancestral land and taken a loan on the jewellery of his wife, for which they also had a receipt, and at the instance of the accused, Prakash Jarwal, had given the money to Kapil Nagar. (ANI)

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