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A Delhi court on Friday dismissed the request for release on bail by Shahrukh Pathan, charged in the northeast Delhi riots, declaring that the fundamental right to protest against government policies cannot be extended to disturbing public order.
Additional Sessions Judge Sanjeev Kumar Malhotra rejected the bail statement, stating that there are video footage that went viral where the accused can be seen pointing a gun at police officers and is therefore unwilling to grant the bond at this stage.
“The right to protest is a fundamental right in a democracy, but this right of peaceful protest and open criticism of government policies does not extend to disturb public order.
“… in the present case, the video of the applicant while aiming a pistol at the police officers went viral. Considering the totality of the facts and circumstances of the case at this stage, I am not willing to post bail the applicant (Pathan), ”said the judge.
The court was listening to the bail request filed through attorney Asghar Khan in the wake of the Covid-19 pandemic.
The plea had held that the incident happened unexpectedly and that the 23-year-old had no criminal record.
The statement also alleged that there was an inexplicable delay of two days in the FIR registration.
Khan said the charge sheet has already been filed in the case and his lawyer requested bail, indicating that his father must undergo knee surgery.
However, the court said the IO verified from the hospital the knee replacement operations of Pathan’s father, Baldev Singh, and according to the hospital email, only emergency surgeries are performed and the total knee replacement is not a of them. A new date will be given at a later stage when the situation improves in Jalandhar, the hospital said.
In opposing the request for bail, the additional prosecutor told the court that on February 24, several people had illegally gathered and were raising slogans against the amended Citizenship Amendment Act (CAA). According to the complaint, the members of the illegal assembly had bottles, pistols and stones in their hands. Meanwhile, Pathan came from behind and fired 3-4 shots at the people around.
The plaintiff, Chief of Police Deepak Dahiya, asked him (Pathan) not to shoot. However, Pathan shot the agent in the head with the intention of killing. The agent bowed and managed to save himself. When he tried to stop Pathan, he pointed at the crowd and fired again, according to the complaint.
The court, after hearing the arguments of both parties, dismissed the statement.
Pathan was arrested on March 3.
Last week, the Delhi police filed the first charge sheet on the February riots in northeast Delhi, naming three men, including Pathan, who was photographed pointing a gun at a policeman in the Maujpur neighborhood.
The 350-page charge sheet was filed in Karkardooma court against Pathan and two others who were arrested by the Narcotics Cell of the crime branch, a senior police officer said, adding that the three remained in jail.
According to the charge sheet, Pathan was the first person to be formally arrested in connection with the riots after being registered by the Jafrabad police. Initially it was reserved for attempted murder, assault on a public servant, disobedience to an order approved by a government servant and under the Arms Law.
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