Ink was thrown on Chief Minister Arvind Kejriwal with due intention and planning to "malign reputation of the duly democratically elected head of state," a Delhi court said on Tuesday while sending a woman accused to 14-day judicial custody.
Terming the offence as "grievous" and "serious", the court dismissed the bail application moved by accused Bhavna Arora and remanded her to judicial custody after the investigating agency said she was not required for further custodial interrogation.
"The accused with pre-meditated intention tried to insult and assault a public servant, who is Chief Minister of Delhi, before the public gathering and this act of the accused in itself shows that the same was committed with due intention and planning and just to malign the reputation of the duly democratically elected head of State, which in itself is a serious act.
"Further, the investigation of the present case is at the preliminary stage and the possibility of conspiracy of other persons cannot be ruled out. Further, the behaviour and nature of the act done by the accused also does not entitle her to the bail," Metropolitan Magistrate Sunil Kumar said.
During arguments over the bail application, Arora’s counsel advocate SK Shah claimed she was not a previous convict and was falsely implicated in the present case.
"That nothing has been recovered from the possession of the applicant (Arora). The investigation in the case has already been completed. She be released on bail as only one alleged offence against her i.e. under section 353 (Assault or criminal force to deter public servant from discharge of his duty) IPC is non-bailable and other alleged offences are bailable in nature," Shah said, adding that she was entitled to bail being a woman.
Additional Public Prosecutor Vineet Dahiya opposed the bail plea submitting that it has become a routine process and acts of throwing ink and shoes were increasing.
"It’s time to set a deterrent for those who use such acts as publicity stunt to gain popularity. Ink was thrown but it could have been acid as well. If she was concerned about something, she could have approached the government.
"If today they are throwing ink at the chief minister, tomorrow they will commit such act even against the President and the Prime Minister. This is sending a wrong message and it’s time to teach them a lesson," the counsel said, adding that "the assault was not only on the Chief Minister but it was assault on democracy"
Twenty-six-year-old Arora had thrown ink on Kejriwal when he was addressing a ‘thanksgiving’ rally at Chhatrasal Stadium here on Sunday for the "successful" implementation of the odd-even car rationing scheme.
The act had prompted an angry reaction from AAP which had termed the incident as a "BJP conspiracy".
The woman, who claimed to be a member of the Punjab unit of Aam Aadmi Sena, a splinter group of Delhi’s ruling AAP, was later whisked away by the police and questioned at the Model Town police station.
Arora has claimed she had "proof in the form of a CD" on the CNG scam.
A resident of Rama Vihar in outer Delhi’s Rohini sub-city, she was booked for alleged offences under sections 186 (obstructing public servant in discharge of public functions) and 353 (assault or criminal force to deter public servant from discharge of his duty) of the IPC.