The Delhi High Court on Thursday, 15 April, declined to grant bail to Shahrukh Pathan, who was seen in a viral video pointing a gun at Delhi Police personnel during the riots in the capital in February 2020.
A single bench of Justice Suresh Kumar Kait said: “The video clipping and pictures have shaken the conscience of this court, how a petitioner could take law and order in his hands.”
In a viral video, Pathan, a resident of north-east Delhi, was seen pointing his pistol at a policeman on the Jaffrabad-Maujpur road. The police arrested him on 3 March 2020.
The High Court noted that, whether or not the petitioner had the intention to kill the complainant or any person present in the public with his open-air pistol shots, it is hard to believe that he had no knowledge that his act may harm anyone present at the spot.
“Keeping in mind the gravity of offence committed by the petitioner, as also the facts of the present case, I am not inclined to grant bail to the petitioner,” said the High Court in its order. The Delhi Police was represented through advocates Rajat Nair and Amit Mahajan.
Police Urged ‘No Lineancy’ During Hearing
The court noted that Pathan's role was not confined to participation in the mob of rioters but of heading the large crowd, holding a pistol in hand and firing shots. Declining to grant bail to Pathan, the High Court said the trial court has rightly held that "the petitioner (Pathan) is alleged to have participated in riots and his picture speaks volumes about his involvement."
The police have submitted before the court that the charge sheet in this case has already been filed and trial is in progress.
The police urged that no leniency should be shown towards the petitioner and this petition deserves to be dismissed. Pathan had moved the High Court after the trial court denied him bail.
Pathan's counsel had submitted that the trial court while refusing to grant bail to his client has not considered material factual aspects and has mechanically held that the allegations levelled against him are grave.
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