A district and sessions court in Ghaziabad has acquitted former Sahibabad MLA Amarpal Sharma of charges under the stringent Gangster Act in connection with the high-profile 2017 murder of Bharatiya Janata Party (BJP) functionary Gajendra Bhati. The court ruled that the prosecution failed to provide sufficient and reliable evidence to prove the charges beyond a reasonable doubt.
The Court's Verdict and Key Order
In a significant order dated December 23, Additional District and Sessions Judge (MP/MLA) Nishant Mann dropped the charges under the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. The judge stated that the offence under Sections 2/3 of the Gangster Act was not proved against the accused.
The court's order explicitly mentioned, "Accused persons are entitled to be given the benefit of doubts, and they are entitled to be acquitted for the reason that prosecution has not been able to lead cogent and reliable evidence to prove their guilt." This legal principle formed the cornerstone of the acquittal.
Background of the 2017 Murder Case
The case dates back to September 2, 2017, when Gajendra Bhati, a senior BJP leader from Khoda, was shot dead. The incident occurred during a politically sensitive period in the first year of Chief Minister Yogi Adityanath's tenure and ahead of crucial municipal elections.
Bhati was leaving his office on a motorcycle with the then BJP mandal president, Balbir Chauhan, when two assailants intercepted them and opened fire. The murder was widely perceived as a politically motivated act intended to establish dominance in the Khoda area.
During the investigation, another accused, Narendra Gurjar alias Fauji, who was arrested, allegedly confessed to police that he carried out the killing at the behest of Amarpal Sharma for a promised sum of Rs 10 lakh. Following the registration of an FIR, Sharma went into hiding but later surrendered in court on October 17, 2017. He has been in and out of jail on bail since then.
Sharma's Defense and Political Implications
Reacting to the verdict, Amarpal Sharma maintained his long-standing claim of being falsely implicated. He alleged that the Gangster Act was invoked against him as part of a political vendetta.
The dropping of the Gangster Act charges marks a major legal relief for the former legislator, although it pertains specifically to that act within the broader murder case. The acquittal under this particular law highlights the critical importance of evidence in securing convictions under stringent legislation.
The verdict brings a new twist to a case that had stirred the political landscape of Ghaziabad, underscoring the complex interplay between law, politics, and crime in the region.
