The Delhi High Court on Thursday dismissed bail plea of a man, who allegedly pointed a pistol at a policeman during the north-east Delhi riots, saying role attributed to him was 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.
Justice Suresh Kumar Kait gave the decision after he was shown a video clip as well as a few photographs showing Shahrukh Pathan heading the group of mobs, holding his pistol in hand and walking towards the policeman and also firing the pistol shots.
“The video clipping and pictures played before this Court have shaken the conscience of this Court how petitioner (Pathan) could take law and order in his hands,” the judge said.
“Whether or not petitioner had intention to kill the complainant (policeman) 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,” Justice Kait added.
Pathan was arrested on March 3 last year based on the statement of a Delhi police Head Constable, who was deputed to maintain law and order with other members of his team in the area between Jaffrabad Metro Station and Maujpur Chowk, where a clash between two groups took place on February 24 last year.
In his statement, the policeman stated that one person, leading the agitated crowd and brandishing pistol in his hand, came running towards him and fired 3-4 rounds of shots towards other people.
“The said person did not hear to his warnings, and continued to walk to approach him and while he was at a distance of 9 to 10 feet, he aimed the pistol at his head and shot the pistol fire,” the Head Constable said.
The Head Constable further stated that he dodged his head and saved his life and tried to calm down Pathan, but he pushed him with his left hand and he again fired at the public.
The incident was captured by a journalist in his mobile phone and the person brandishing and firing from pistol was identified as Shahrukh.
Shahrukh, in his bail plea, stated that he had only shot in the side and not towards the Head Constable and so he had no intention to kill him.
The Special Public Prosecutor opposed the bail plea on the ground that the FIR in question has been registered at the instance of a responsible police officer, who was on duty on the fateful day of riots and there are specific allegations of Pathan heading a pistol towards the Head Constable with an intention to kill him
Justice Kait also took a “serious view to the contents” of certain paragraphs of Pathan’s petition, which he said 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,” Justice Kait observed.
