The Delhi High Court has dismissed the bail plea of Shahrukh Pathan, an accused in northeast Delhi violence who allegedly pointed a pistol at a Delhi police personnel, saying that footage of the incident had shaken the conscience of the court. The communal violence in the northeast area took place in February last year. The court denied the bail after seeing videos submitted by the police. The court said that the video clips have shaken its conscience on how Shahrukh Pathan could take law and order into his hands.
Hearing the plea, Justice Suresh Kumar Kait said it is hard to believe that Shahrukh Pathan did not know that his act of firing open air pistol shots may harm anyone present at the spot. The court also upheld the trial court order in the case. The Delhi High Court observed that the trial court has rightly held that the petitioner is alleged to have participated in riots and his picture speaks a volume about his involvement.
The High Court said the allegations against Pathan are that he was a party to the huge crowd which had unauthorisedly gathered and pelted stones, petrol bombs and fired gun/pistol shots during the unfortunate February 24 incident of riots which occurred at the road between Jaffrabad Metro Station and Maujpur Chowk in northeast Delhi amongst people of different communities.
The court said that it is not the case of the petitioner (Pathan) that he was not involved in the alleged incident.
Justice Kait said that keeping in mind the gravity of the offence committed by Pathan as also the facts of the present case, he was not inclined to grant bail to the petitioner. It dismissed the petition accordingly while refraining to comment upon the merits of the prosecution case.
Shahrukh Pathan’s picture pointing a pistol at unarmed Delhi Police head constable Deepak Dahiya went viral on social media last year. He was arrested on March 3, 2020 from Uttar Pradesh’s Shamli district. Delhi Police had registered a case against him under relevant sections of the Indian Penal Code (IPC) and the Arms Act.
Pathan had sought bail on the ground that the alleged incident had taken place on February 24, 2020 and the FIR was registered on February 26 last year, indicating a delay of 50 hours in lodging the case.