New Delhi: A Delhi court has acquitted former Laxmi Nagar MLA Nitin Tyagi in a 2019 case where he was accused of manhandling Delhi Development Authority (DDA) contract workers assigned to Yamuna floodplain restoration work. Additional Chief Judicial Magistrate Neha Mittal ruled that the prosecution failed to establish the charges against the former legislator beyond a reasonable doubt. However, the court expressed strong disapproval regarding the conduct of the defence counsel, noting that the manner in which a key witness was called outside the courtroom prior to testifying had shaken the conscience of the court.
The case originated from a November 2019 police complaint lodged at the Laxmi Nagar police station. It was alleged that Tyagi, along with his associates, visited the Yamuna floodplain restoration site, assaulted contract workers, tore up government site plans, and threatened officials who were attempting to remove encroachments. Earlier this year, charges were formalised against the former politician under Indian Penal Code sections relating to mischief causing damage, voluntarily causing hurt, voluntarily obstructing a public servant, and acts done with common intention.
In its 19-page verdict, the court pointed out that none of the prosecution witnesses offered any specific testimony accusing Tyagi of obstructing public servants. During cross-examination, the site engineer explicitly denied that Tyagi had slapped either him or his supervisor. While the engineer acknowledged that a physical altercation took place with a crowd, his statement linking Tyagi to the crowd was based solely on what he heard from other officials, rendering it hearsay evidence. Furthermore, the witness failed to identify Tyagi in the courtroom as one of the individuals present at the site on the day of the incident.
Regarding the allegations of mischief, both the site engineer and the supervisor refuted suggestions that the accused had torn official site plans. Accorded the benefit of the doubt due to lack of substantive proof, Tyagi was held not guilty on all counts. Before concluding the proceedings, the magistrate reprimanded the defence counsel after it was revealed that his clerk had escorted a witness outside the courtroom before the hearing commenced. Although no explicit threat or influence was proven, the magistrate described the act as deplorable and stressed that officers of the court must uphold witness protection safeguards in future proceedings.
