BackHC sets aside NHRC order against AAP leader Somnath Bharti
A vacation bench also directed to hear the matter afresh and pass a detailed order by taking into account the evidence lead by Bharti in his defence
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New Delhi: The Delhi high court on Friday set aside an National Human Rights Commission (NHRC) order holding Aam Aadmi Party leader Somnath Bharti guilty of “racial prejudice and unlawful acts" against 12 African women during his controversial midnight raid in Khirki Extension in South Delhi.
A vacation bench of justices S. Muralidhar and Manmohan Singh, while setting aside the 29 September ruling of the NHRC, also directed it to hear the matter afresh and pass a detailed order by taking into account the evidence lead by Bharti in his defence.
The AAP leader has also been asked to appear before the commission on the next date of hearing in January. The high court passed the order while disposing of Bharti’s appeal against its single judge’s decision to dismiss his petition against the NHRC’s 29 September ruling.
Additional solicitor general Sanjay Jain and central government standing counsel Jasmeet Singh appeared for the Union of India in the matter.
Bharti in his appeal, filed through advocate Deepak Khosla, had contended that the single judge had dismissed his plea as “premature without allowing fair opportunity to explain the facts of the situation before the NHRC and the legal grounds on which the writ petition was eminently maintainable".
In his writ petition against the NHRC order, Bharti had sought that the Commission’s ruling be declared a “nullity" as it was passed without giving him an opportunity to lead evidence in his defence.
He had also sought a compensation of ₹ 100 crore from the Centre, NHRC and the city government.
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