Domestic violence case: AAP MLA Somnath Bharti arrested

New Delhi: AAP MLA Somnath Bharti was arrested here early on Tuesday, hours after he surrendered in connection with the attempt to murder and domestic violence case filed by his wife.

He was arrested around 4 AM, Dependra Pathak, Joint Commissioner of Police (Southwest) said.

Bharti, who evaded arrest for nearly a week, had surrendered last night hours after the Supreme Court ordered him to give himself up in the domestic violence and attempt to murder case filed by his wife.

The MLA has been arrested under various sections of the IPC including 307 (attempt to murder), 420 (cheating and dishonesty), 406 (punishment for criminal breach of trust), 417 (punishment for cheating), 313 (causing miscarriage without woman's consent), 324 (voluntarily causing hurt), 498a (husband of a woman subjecting her to cruelty), 506 (punishment for criminal intimidation, said Pathak.

The FIR against the former Delhi Law Minister was registered at Dwarka North police station following a complaint by his wife Lipika Mitra. "There was a warrant and I was availing legal remedies till the Honourable Supreme Court directed me to surrender. In compliance with the direction...I am here to surrender," Bharti had said.

A lawyer for Bharti had said last night that the legislator's father was unwell and that is why he could not surrender last evening as directed by the apex court. Bharti was "avoiding" and not "evading" police, he had said.

AAP had asked its Malviya Nagar MLA to surrender "immediately" to avoid "further embarrassment" to the party and himself.

Chief Minister Arvind Kejriwal had termed his party colleague as an "embarrassment".

Bharti had failed to get relief from the Supreme Court as it rejected his plea that he be given time till tomorrow to surrender.

"We want him to surrender before appropriate jurisdiction of the police. We don't intend to pass any further order," a bench comprising Chief Justice H L Dattu and Justice Amitava Roy had said.

Bharti's counsel and senior advocate Gopal Subramaniam had submitted that the whole incident was an outcome of the matrimonial dispute in which, not only the couple, but their two children were also sufferers.

The court should keep this in mind while hearing Bharti's appeal against the rejection of his anticipatory bail by the trial court and the Delhi High Court, he had contended.

However, the bench had said it was not concerned with the issue at this stage and asked how should Bharti have conducted himself as a responsible citizen after dismissal of his plea for anticipatory bail by the trial court and the Delhi High Court.

After Bharti presented himself before the police, he was taken to Dwarka South police station as there was no provision for custody at Dwarka North police station.

Bharti had on September 23 moved the apex court seeking protection from arrest in the case and a direction to restrain Delhi Police from arresting him till his plea challenging the High Court order is decided.

The High Court had dismissed his anticipatory bail plea, saying the allegations against him were backed by "documentary proof".

Lipika had filed a complaint of domestic violence with the Delhi Commission for Women on June 10 alleging that her husband had been abusing her since their marriage in 2010. She had also given a complaint to the police in this regard.

Delhi Police had then registered an FIR against Bharti under sections 307 (attempt to murder), 498A (cruelty towards wife), 324 (voluntarily causing hurt by dangerous weapon), 406 (criminal breach of trust), 313 read with 511 (attempt to cause miscarriage without woman's consent), 420 (cheating) and 506 (criminal intimidation) of IPC.