The bail appeal of Shahrukh Pathan, accused in the north-east Delhi riots, claimed that the incident happened at the spur of the instant and that he has no prior criminal record.
Sanjeev Kumar Malhotra, an additional session judge terminated the bail plea declaring that a video went viral, in which, Pathan can be clearly recognized, pointing the pistol. That is why, the court is not inclined to provide him bail at this stage.
“The right to protest is a fundamental right in a democracy but this right of peaceful protest and open criticism of the government policies do not extend to disturb the public order.”
“….in the present case, the video footage of the applicant while pointing out pistol upon police officials went viral. Keeping in view the totality of facts and circumstances of the case at this stage, I am not inclined to grant bail to the applicant (Pathan),” the judge told.
The bail petition was drafted by advocate Asghar Khan. The court was hearing the plea in the wake of the COVID 19 pandemic.
The bail proposal included that the incident happened in the heat of the moment and the 23year old boy has no history of criminal records.
The petition also notified that the FIR registration was delayed for two days which was unexplained by the cops.
The charge sheet has been already filed in the case and his solicitor sought the bail addressing that the accused’s father has to go through knee surgery said, Khan.
The court depicted that the IO has confirmed from the hospital regarding the operation of knee replacement of Shahrukh’s father Baldev Singh. According to the email sent by the hospital authorities, only emergency surgeries are being executed amidst the lockdown and the knee replacement is not included in them. Jalandhar Hospital said that a fresh date will be provided soon when the situation stabilizes in Jalandhar.
Opposing the application of bail, the addition public prosecutor informed the court that masses gathered illegally and were shouting slogans against the Anti- Citizenship Amendment Act (CAA) after it became an act on Feb 24.
According to the complaint lodged, the illegitimate group had bottles, stones, and a pistol with them in their hands. Meanwhile, from the backside, Pathan came out and fired 3-4 shots at the people around him.
Head constable Deepak Dahiya who was complainant as well asked Khan not to fire. However, he aimed at the chief constable’s head, intentionally wanted to kill them later. Fortunately, Dahiya managed to bend down and saved his life. When he tried to curb him, Pathan pointed towards the public and fired again, according to the complaint filed.
After hearing the arguments of both the parties, the court rejected the bail petition. On 3rd March, Pathan was arrested.
Delhi Police has filed the first charge sheet, last week, over the northeast Delhi riots. The three men were arrested, including Khan, who was pictured, aiming gun shot at cop, near the area of Maujpur.
A senior policeman told that 350 pages long charge sheet was filed against Pathan in the Karkardooma court and the remaining two men were arrested by the crime branch’s Narcotics Cell. Adding to this, he informed that the three remained behind the bars.
On the basis of the charge sheet, the first person to be formally arrested in relation to the riots was Pathan, after being booked by the Jafrabad cops.
Initially, he was booked for an attempt to murder, attack the public servant, insubordination of government employee, and under Arms Act.