HC quashes bail plea of Delhi riots accused, who pointed gun at cop

The Delhi High Court on Thursday (April 15) refused to give bail to Shahrukh Pathan, who is accused of pointing a pistol at a head constable and firing several shots towards people during the riots in north-east Delhi in February last year.

A video of Shahrukh brandishing a gun at the constable went viral and was used by the Delhi police to file an FIR (First Information Report) against him under various sections of the Arms Act. Later, a chargesheet was filed before the trial court, which refused to grant bail to him. High Court judge Court Justice Suresh Kumar Kait agreed with the trial court’s order. Justice Kait said:

“In the opinion of this Court, the learned 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 petition is accordingly dismissed while refraining to comment upon the merits of the prosecution case…”

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The judge further observed: “The worthiness of complainant’s statement recorded under Section 161 CrPC and petitioner’s claim that he had not aimed pistol to shot at the complainant, shall be tested at the trial.”

The Delhi police arrested Pathan on March 3 last year. Pathan’s lawyer told the court that he has been made a scapegoat which is in violation of his fundamental rights.

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“The role attributed to the petitioner is 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. The video clipping and pictures played before this Court have shaken the conscience of this court as to how petitioner could take law and order in his hands,” said Justice Suresh Kumar Kait.