New Delhi: Jailed AAP MLA Somnath Bharti was on Thursday denied interim bail by the Supreme Court, which sought the presence of his wife before it on Monday to explore the possibility of mediation in domestic violence and attempt to murder case lodged by her.
The apex court, which said that Bharti's petition for anticipatory bail has become infructuous after his surrender, declined the oral plea of his counsel for grant of interim bail till October 5.
A bench, comprising Chief Justice H L Dattu and Justice Amitava Roy, said it will wait for the outcome of proceeding before the Magistrate where the controversial legislator will be produced on expiry of his two-day police custody today.
"Let us see what the Magistrate does. If for any reason nothing happens, we will see on Monday," the bench said, after which there was a verbal duel between Justice Roy and senior advocate Gopal Subramaniam.
Subramaniam had expressed "surprise and worry" saying that the trial court had granted police custody notwithstanding Bharti's surrender during the pendency of his
plea in the apex court. However, the bench cautioned him that he should not take it for sure that bail would be granted on the next date of hearing.
"Let it not be taken as an assurance. We will consider. We do have the power to grant bail," the bench said after noting that perhaps Subramaniam has taken its observations as if Bharti would get the relief on Monday. Subramaniam said the court can only give order and not assurance.
This further prompted Justice Roy to say "ultimately it is the privilege of the court to pass orders. We are just trying to clear the air you have created," the judge said, evoking further reaction from the senior advocate who shot back, saying "I have not created air and I can't be attributed to any presumption."
In the final order, the bench took on record the letter written by Bharti's lawyer on his behalf that the AAP MLA from Malviya Nagar, was willing for settlement with his wife Lipika Mitra through mediation for the sake of their children.
The bench issued notice to his wife and sought her presence on Monday to know her stand on the possibilities of mediation....