New Delhi, Apr 15 (ILNS) The Delhi High Court today, while dismissing the bail plea filed by Delhi riots accused Shahrukh Pathan, made a persistent observation over certain contents of the plea, saying “Highly derogatory and serious allegations have been made against the Government of India, Ministers and Judge of this Court”.
Justice Suresh Kumar Kait said, “Before coming to the facts and rendering an opinion in the present case, this Court takes a serious view to the contents of some paragraphs of this petition, which are not worth disclosing. Highly derogatory and serious allegations have been made against the Government of India, Ministers and Judge of this Court, which is deprecated and the Bar is suggested to not make such claims, until and unless supported with factual and material evidence in a particular case.”
Dismissing the relief to Pathan, the Bench categorically observed, “The role attributed to the petitioner is not confined to participation in the mob of rioters, but of heading the large crowd holding a pistol in hand and releasing open fire shots. The video clipping and pictures played before this Court have shaken the conscience of this Court how petitioner could take law and order in his hands,” added the Bench.
“Whether or not petitioner had intention to kill the complainant or any person present in the public with his open air pistol shots, but it is hard to believe that he had no knowledge that his act may harm anyone present at the spot,” the court said.
Pathan was arrested on February 24 last year, brandishing a pistol with the temerity of firing and pointing it at police personnel Head Constable Deepak Dahiya, who was deputed on that day for law and order arrangements near Jaffarabad Metro Station. The instant case against Pathan was registered under Sections 147, 148, 149, 216, 186, 307, 353 and 34 of IPC read with Sections 25 and 27 of the Arms Act.
The court dismissed the bail plea after observing that the offences committed by the said accused are grave in nature. “Keeping in mind the gravity of offence committed by the petitioner as also the facts of the present case, I am not inclined to grant bail to the petitioner,” the bench said.
During the course of arguments, Advocates Khalid Akhtar, Mohammed Shadan, Bilal Khan, Maaz Akhtar and Sheikh Bakhtiyar appeared for Pathan, while the Delhi Police was represented by Special Public Prosecutor in the Delhi Riots cases advocate Amit Mahajan and Rajat Nair and advcocates Shantanu Sharma and Dhruv Pande.
It was argued by Pathan’s counsel that merely because petitioner was apprehended from Shamli, Uttar Pradesh, he cannot be said to be an absconder until and unless declared by the court, especially when no notice was issued against him to appear before the authorities.
“The petitioner has been made a scapegoat/ poster boy of the riots and complainant has become the symbol of bravery before the media persons, which is against fundamental rights of the petitioner,” Pathan’s lawyers argued.
They further added that the trial court while refusing to grant bail to Pathan has not considered material factual aspects and has mechanically held that the allegations levelled against him are grave.
Opposing the said submissions, the SPPs argued petitioner had absconded since the day of alleged incident and he could be intercepted only on 03.03.2020 and at his instance, the illegal weapon used by him on 24.02.2020 with 02 live cartridges and the shirt worn by him at the time of incident, were recovered from his house.
“The call detail record and video footage analysis clearly show petitioner’s involvement in the alleged incident of riots,” the prosecution said.
It was also argued that no leniency is required to be shown towards the petitioner and this petition deserves to be dismissed.
Pathan had moved court, challenging the order of the trial court denying him bail in the present case. The Karkardooma Court in November. Earlier, Additional Sessions Judge Amitabh Rawat had rejected the interim bail plea of Pathan.
After the said incident near Jaffarabad Metro Station, Pathan had fled from the scene. He was arrested by the team of Delhi Police Crime Branch on March 3, 2020 from the Shamli Bus Stand, Uttar Pradesh, on the basis of secret information. ILNS/ANB/SNG/RJ