AAP MLA Somnath Bharti surrenders before police

NEW DELHI: The Supreme Court on Monday asked Aam Aadmi Party MLA Somnath Bharti, who sought anticipatory bail in a case of domestic violence and cruelty filed against him by his wife, to first surrender and then mediate with his wife. Late at night, Bharti surrendered before police. “… as a responsible citizen, have you surrendered when you did not get the anticipatory bail,” a bench, comprising Chief Justice HL Dattu and Justice Amitava Roy, asked.

Bharti’s plea for anticipatory bail had earlier been rejected by the trial court and the Delhi High Court. “We also believe that mediation can solve lot of issues,” the chief justice told Bharti’s counsel, Gopal Subramanium. “We will be the first (to back) if parties want to settle through mediations. We have the best mediation centre here … we want family disputes to be settled through mediation.”

But the CJI was firm that he would not embark on this course before Bharti surrendered. “In the meantime, we will find out if she (Bharti’s wife) is willing to go for mediation. We can’t compel her. We want families to live together. We don’t want them to separate,” he said. He said the court will take up the matter on Thursday. Bharti’s lawyer then undertook to have his client surrender by “6-6.30 pm”.

Bharti’s wife, Lipika, had alleged before the Delhi Commission for Women on June 10 that he had subjected her to physical and mental torture since their marriage in 2010. In one incident, she alleged, Bharti set a dog on her when she was seven months pregnant.

The Delhi Police filed an FIR against Bharti under Sections 307 (attempt to murder), 498A (cruelty towards wife), 324 (voluntarily causing hurt by dangerous weapon), 406 (criminal breach of trust), 313 read with 511 (attempt to cause miscarriage without woman's consent), 420 (cheating) and 506 (criminal intimidation) of the Indian Penal Code.

In his plea, Bharti objected to setting criminal processes in motion in matrimonial cases and urged the apex court to facilitate mediation and compromise so that families don’t break up. “We are dealing with a matrimonial relationship involving two children’s future also,” his lawyer said. “Understandably, both the parents have the interests of the children in their minds. Mediation should be the rule in all such cases.” Justice Dattu said mediation cannot precede surrender, but can only follow it.