Former BJP MLA Kulwant Rana and others have been acquitted in a 2006 case of unlawful assembly and assault on a public servant after a special court found “dents” in the police’s theory. The accused faced trial for allegedly trying to stop a sealing drive by the erstwhile Municipal Corporation of Delhi.

For additional chief metropolitan magistrate Samar Vishal, it seemed there was a protest and the people involved in it had a common object to protest against the sealing drive. “But whether they had the common object to commit violence is not clearly made out from the records,” the court observed.

The case dates back to April 4, 2006, when Rana and other members of the crowd were protesting a sealing drive undertaken by the civic body. It was alleged that the crowd turned violet and damaged DTC buses that were passing from the area.

It was also alleged that the angry crowd resorted to stone pelting at the police. In his defense, Rana deposed and said that he did not instigate the people and he was local MLA at that time. People were agitating against the sealing drive and he was requesting them to remain peaceful in their agitation. The court order noted that the police’s allegation of “common object” between Rana and another accused, Rajesh Mann, to assemble unlawfully was not proved for want of evidence.

“This case does not show the presence of such a common object..,” it said. Further, judge Vishal said the identity of the accused as members of the unlawful assembly had to be proved beyond a reasonable doubt — a fact not proved by the prosecution.