Shahrukh Pathan, Accused in Delhi Riots 2020 on Wednesday withdraws his bail plea from Delhi High Court after Court declined to grant bail.
A single-judge Bench of Justice Suresh Kumar Kait heard the petition by Shahrukh Pathan who had brandished a gun at a police constable during the northeast Delhi riots, challenging the order of a trial court which had denied him bail on May 9.
During the hearing, Advocate Asghar Khan appearing for the petitioner stated that the FIR was not registered on the information by Complainant and no one was injured in the incident.
The respondent counsel opposed the plea and submitted before the Court that the accused was leading the mob and the same can be seen in the videos that are available.
The Bench was of the opinion that the accused was trying to lead the mob and become a hero.
“You were trying to become a hero and lead the mob. A gun was purchased by you with more than 20 live cartridges from the person who is absconding. You became a hero and your intention was to be one. I am not inclined to entertain this”, Justice Suresh Kumar said.
The Delhi High Court had previously asked for the response of the city police on Pathan’s plea. Justice Prateek Jalan had directed the Investigating Officer (IO) to file a status report on his plea wherein he sought interim bail from the court to look after his ailing father in Uttar Pradesh, and to verify all the medical reports of the Pathan’s father.
The trial court had dismissed his plea, stating that the fundamental right to protest against the government policies could not extend to disturbing public order. The court had also noted that in wake of the Covid-19 pandemic, no surgeries, except essential surgeries, are being conducted.
A case was registered against Pathan under relevant sections of the Indian Penal Code (IPC) and the Arms Act. A 350-page chargesheet was filed in Karkardooma Court against Shahrukh Pathan, Kaleem Ahmad and one Ishtiyak Mallik on May 1.
The FIR had stated that several people gathered illegally and raised slogans against the Anti-Citizenship Amendment Act on February 24, and Pathan had fired 3-4 shots at the people around even after the head constable requested him not to fire.