With a "positive no" from his estranged wife to the Supreme Court's question whether she is willing to settle out of court, former Delhi law minister Somnath Bharti on Monday lost all hope for any immediate relief to get out of jail.
Ms. Lipika Mitra, who filed a complaint of domestic abuse and attempted murder against her ruling AAP MLA husband, told an open court that she is "absolutely" against any effort to settle the case through mediation. Her statement before a bench led by Chief Justice of India H.L. Dattu flies in the face of Mr. Bharti's repeated claims in the apex court that this was only a "small domestic dispute blown out of proportion and should be settled for the sake of their minor children".
The court had specifically summoned Ms. Mitra to personally verify from the truth behind such statements made by her husband.
Interrupting Mr. Bharti's lawyer Vijay Aggarwal at the outset of the hearing, Chief Justice Dattu said the hearing was meant for "the lady" to clear the air on mediation proposal.
"You are expected to say whether you want to go for mediation or not... say yes or no. Nothing more. He says this is a small dispute ripe for mediation. You both can settle this?" asked Chief Justice Dattu.
"Absolutely not," Ms. Mitra replied tersely.
"Fine. There is nothing more here," the CJI said with finality, disposing of the petition filed by Mr. Bharti and asking him to approach the trial court for regular bail.
"We cannot force the lady for an amicable settlement," the court observed in the order.
It however asked the trial court concerned to take up for hearing Mr. Bharti's regular application on the same day or the day next of its filing in accordance with law.
"We clarify that we are not expressing any opinion," the order said.
The apex court had on October 1 denied Mr. Bharti, interim bail.
The apex court's refusal to grant bail happened on the same day a trial court extended his custody to another three days.
Mr. Bharti, who was on the run for several days, gave himself up to the police only after the Supreme Court ordered him to “first surrender” when he came for anticipatory bail.
The bench had made it clear to senior advocate Gopal Subramanium, for Mr. Bharti, that there is no assurance that it would give him bail on October 5.
The Delhi Police, seeking an extension of his custody, told the trial court in a hearing during the day that the accused MLA was not cooperating with the probe.
