No relief to Jahangirpuri violence accused who sought extension of interim bail to prepare for entrance tests

A scene at Jahangirpuri after the violent clash during the Hanuman Jayanti Shobha Yatra on April 16, 2022.

A scene at Jahangirpuri after the violent clash during the Hanuman Jayanti Shobha Yatra on April 16, 2022. | Photo Credit: File photo

A Delhi court has dismissed an application for interim bail by an accused in the Jahangirpuri communal violence case, who had sought relief to prepare and appear for entrance examinations for higher studies. 

The accused, Neeraj Sarkar, 19, had been enlarged on interim bail earlier to sit for his Class XII examinations. He had approached the court seeking an extension of the interim bail for 90 days. 

Vacation Judge Virender Kumar Kharta of the Rohini court complex said that while education is a fundamental right and a court had upheld this by granting relief to Sarkar to sit for his Class XII examination, the pleadings for extension with respect to preparing for entrance examinations were “vague in nature”. 

‘Can prepare in JC’

“The accused/applicant has not produced any material as to in which entrance exam he has to appear. The accused/applicant can apply for the entrance exam while remaining in JC [judicial custody] also, there is no bar in this regard,” the court said.

Sarkar was arrested in connection with the violence that erupted in Jahangirpuri on April 16, 2022, when two communities clashed over a procession being taken out from the area on the occasion of Hanuman Jayanti.

Noting that the offences Sarkar was accused of were heinous in nature and the Hanuman Jayanti procession in question was held illegally, which had breached the right under Article 25 of the Constitution (free profession, practice and propagation of religion), the court said in its June 14 order, “The accused/applicant cannot take the shed of his fundamental rights under Article 25 to 28 of the Constitution by indulging in violence and riots.”

Sarkar’s counsel had argued before the court that he was “falsely implicated” in the case and that as a devotee “he was exercising his right to freedom of religion peacefully”.

The prosecution had opposed the application saying two policemen had recorded statements under Section 161 of the Code of Criminal Procedure with specific allegations against Sarkar and they had also recovered a sword from the possession of the father of the accused. 

They added, “The procession was not at all peaceful and the accused/applicant was involved in violence and riots and does not deserve any leniency.”

The court also said that the application does not stand because it was filed under a provision of the CrPC that required the accused be in custody at the time, as argued by the prosecution. “The accused/applicant in the present case is not in the custody of the court and is on interim bail and hence, I find merit in the submission of Ld. Addl. PP for the State,” the court said.  

Our code of editorial values

  1. Comments will be moderated by The Hindu editorial team.
  2. Comments that are abusive, personal, incendiary or irrelevant cannot be published.
  3. Please write complete sentences. Do not type comments in all capital letters, or in all lower case letters, or using abbreviated text. (example: u cannot substitute for you, d is not 'the', n is not 'and').
  4. We may remove hyperlinks within comments.
  5. Please use a genuine email ID and provide your name, to avoid rejection.

Printable version | Jun 19, 2022 3:22:18 pm |