India News | Decide Challenge to 'bad Character' Declaration on Merit: MLA Amanatullah Khan Tells HC

New Delhi, Sep 1 (PTI) Controversial Aam Aadmi Party MLA Amanatullah Khan Thursday urged the Delhi High Court to decide on the merit of his plea challenging the Delhi Police decision declaring him as a "bad character," saying that he does not want to first file a representation with the investigating agency.

“He has instructed us to fight the matter on merit. He is not ready for that proposal (filing a representation)… that is not acceptable to the petitioner because he wants an order on merits,” said the counsel for the AAP lawmaker before Justice Sudhir Kumar Jain.

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On Wednesday, the court had, after hearing the parties at length, asked the counsel for the petitioner to take instructions on filing a “proper representation” with the authorities concerned concerning the declaration and then filing a fresh petition if the grievance still survives.

In view of the stand taken by the petitioner, the court said that the matter was only listed to see if it can be disposed of with liberty to him to file a representation and asked the petitioner's lawyer to advance his remaining submission in the matter on the next date of hearing.

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The petitioner, represented by lawyer M Sufian Siddiqui, has argued that the “bad character” declaration by Delhi Police is based on non-application of mind by the approving authority and is a malafide exercise of power.

Earlier, the lawyer also accused the police of selectively leaking information against the petitioner and said the allegations which form the fulcrum for granting approval against him cannot be substantiated and there is no “proximate cause” for the declaration as well.

Delhi Police, represented by Additional Solicitor General Sanjay Jain, has opposed the challenge, saying that approval for the declaration was given by the authority concerned as per due procedure and based on a careful review of the material available.

Reasons have been recorded by the approving authority, which is confidential in nature and cannot be shared with the petitioner, it has claimed.

On the last hearing, the police had emphasised that the scope of the court's interference in such cases was limited and the petitioner can make a representation to the authorities concerned for the redressal of his grievances.

Delhi Police had declared Aam Aadmi Party MLA Amanatullah Khan as a “bad character” earlier this year, according to an official document.

The proposal for declaring Khan as a “bad character” was sent on March 28 by the Jamia Nagar police station in the Southeast district and approved on March 30.

A total of 18 FIRs have been registered against him, the document had stated.

According to the police, a person who has involvement in several cases, including that of murder and attempts to murder, and can disturb peace in an area is declared a “bad character”.

The matter would be heard next on September 23.PTI ADS

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)