Supreme Court Issues Notice On AAP MLA Somnath Bharti's Plea To Transfer Case Pending In UP To Delhi; Stays Trial

The Supreme Court, on Monday, issued notice in a petition filed by former Law Minister of Delhi, Somnath Bharti seeking transfer of case pending before the Court of Additional Chief Judicial Magistrate, Sultanpur, Uttar Pradesh to Special Court, Additional Session Judge, Rouse Avenue Courts, New Delhi.

A Bench comprising Justice SK Kaul and Justice Ahsanuddin Amanullah stayed the proceedings pending before the Sultanpur court in the FIR registered in relation to  to the comment made by Bharti in December 2020 about a government health care unit in Uttar Pradesh while he was campaigning in Prayagraj.

Based on a video which allegedly showed six puppies lying in the filth in the room designated for doctors to attend patients, Bharti had allegedly commended, “though children were taking birth in these hospitals but they were not of humans and they were of dogs.” Subsequently, he was arrested in connection with an FIR arising out of the comment with respect to the said Healthcare Centre, over allegations of criminal intimidation and promoting enmity between groups. Bharti was produced before the Special Court and was sent to judicial custody. Another FIR was registered in continuation with the first one alleging that the petition had used abusive language for the police officials and the Chief Minister of Uttar Pradesh, Yogi Adityanath.

Senior Advocate, Mr. Siddharth Dave appearing on behalf of Somnath Bharti submitted that he is seeking for a transfer of the case pending before the Trial Court in Uttar Pradesh. He informed the Bench that the two cases have been registered against Bharti and both were filed out of political vengeance. He added -

“We want a transfer. There are serious apprehensions that we have. The threats are from MLAs in the Government (Uttar Pradesh) presently.”

The transfer petition states that there is possibility of a fatal attack on Bharti if he attends the proceedings in Uttar Pradesh. Apart from threat to his life it is also apprehended that Bharti will not get a fair trial and justice in the State of UP due to political retribution.

Justice Kaul enquired, “What is the stage of the case?”

Mr. Dave responded, “Chargesheet has been filed and cognisance has been taken. Earlier we moved for consolidation of those two cases…Chargesheet in one case has been filed.”

He added -

“Immediately upon my conviction if I am at all convicted, there is an immediate disqualification. Though it cannot be a ground for transfer it is a hindrance as far as my going is concerned.”

[Case Title: Som Nath Bharti v. State of UP And Anr. Diary No. 5637/2023]

Click here to read the order