Today, On 9th September, The Delhi High Court suspended the sentence of former Congress MLA Asif Mohammad Khan in connection with a case involving the encroachment of Delhi Development Authority (DDA) land. Khan had been convicted in the case but appealed against the sentence, leading to the suspension.
New Delhi: The Delhi High Court suspended the six-month sentence of former Congress MLA Asif Mohammad Khan, imposed for encroaching on Delhi Development Authority (DDA) land.
Khan has been instructed to deposit Rs.2 lakh, a portion of the Rs.5 lakh compensation owed to the DDA. The High Court also issued a notice to the DDA, requesting a response.
Khan originally sentenced on August 30, following the dismissal of his appeal by Delhi’s Saket Court. The former MLA had been convicted in 2018 for encroachment on DDA land in Jasola Village.
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Additional Sessions Judge Vishal Singh upheld the initial ruling by the Metropolitan Magistrate, affirming that the trial court appropriately assessed the evidence. The sessions court found the conviction well-founded and dismissed the appeal, supporting the charges under Sections 427, 447, and 434 of the IPC, along with Section 3 of the Prevention of Damage to Public Property Act, 1984. Khan’s legal counsel confirmed the court’s decision.
In the judgment issued on August 28, Additional Sessions Judge (ASJ) Vishal Singh stated,
“Based on the testimonies of prosecution witnesses and documentary evidence, the prosecution successfully proved the charges against the appellant.”
The court also dismissed Asif Mohd. Khan’s defense, stating,
“There is no merit in the argument that the uprooted barbed wire was not seized by the Investigation Officer, nor were any photographs of the alleged encroachment taken.”
Khan appealed the January 20, 2018, judgment of the Metropolitan Magistrate at Saket Court, where he was convicted under Sections 427, 447, and 434 of the IPC, and Section 3 of the Prevention of Damage to Public Property Act, 1984. On February 5, 2018, he was sentenced to six months’ simple imprisonment with a Rs. 5,000 fine for offenses under Sections 427 and 434 IPC, three months’ imprisonment with a Rs.500 fine for Section 447 IPC, and six months’ imprisonment with a Rs.10,000 fine for violating Section 3 of the Prevention of Damage to Public Property Act. All sentences were to run concurrently.
Khan was also ordered to pay Rs.5 lakh in compensation to the DDA within one month. According to the prosecution, the appellant, Asif Mohd Khan, committed mischief by damaging DDA land located at Khasra No. 409, Village Jasola, causing destruction valued at over Rs. 50. He allegedly removed or destroyed barbed wire fencing measuring 6ft x 30ft, which had been installed by the DDA, and encroached on the government property by constructing a concrete platform.
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The FIR filed based on a complaint lodged on November 23, 2007, by Subhash Chandra, Director of Land Management, DDA, New Delhi. Following the investigation, a charge sheet submitted, accusing Khan of offenses under Sections 427, 447, and 434 of the IPC, as well as Section 3 of the Prevention of Damage to Public Property Act, 1984.
During the trial, Khan did not present any evidence in his defence. After hearing the final arguments from both sides, the Metropolitan Magistrate issued a judgment on January 20, 2018, finding Asif Mohd Khan guilty of the offenses under Sections 427, 434, and 447 of the IPC, along with Section 3 of the Prevention of Damage to Public Property Act.
He subsequently sentenced on February 5, 2018.