CCTV footage an additional tool of evidence, not exclusive medium to prove offence: Delhi court

By Sushil Batra
New Delhi [India], November 7 : A Delhi court, while dismissing a bail petition of an accused facing murder and other serious charges in connection with the Northeast Delhi violence, observed that CCTV footage is an additional tool of evidence and not the exclusive medium to prove an offence.
Additional Sessions Judge Amitabh Rawat also noted that accused Salman was arrested on March 12, 2020, on the basis of a statement of a public witness namely Tahir, who had identified Salman as part of a mob indulging in rioting in Maujpur chowk on February 24.
"It is admitted case that there is no CCTV footage of the present incident. However, simply because there is no CCTV footage, does not mean that an incident never happened or that the applicant is not involved in the commission of the present offence. CCTV footage is an additional tool of evidence and not the exclusive medium to prove an offence," the court observed.
"Considering the discussion about the incident and the role of the accused/ applicant Salman in the commission of the offence as per the charge-sheet, the court does not find it a fit case to grant bail to the accused. Hence, the bail application of accused Salman stands dismissed," it added.
Advocate Abdul Gaffar, representing accused Salman, submitted that Salman has a
history of smack addiction and has reported symptoms of pain in kidney, liver and throat. It was further submitted that the applicant is not covered by any CCTV footage; no recovery was made from the applicant and the allegations against him are false.
Additonal Public Prosecutor Jitender Jain, on the other hand, strongly opposed the bail application stating that the offence is very serious in nature. He argued that the FIR arose out of an incident of February 24, 2020, when at about 11:30 pm riots broke out at Maujpur chowk, Jafrabad leading to stone pelting and firing incidents among Pro CAA protesters.
"When the police staff tried to intervene and control the situation, the violent mob attacked the police officials too, resulting in causing injuries to several police officials. This aside the violent mob also pelted stones and fired upon public persons/passersby. One passerby namely Rohit Shukla sustained gunshot injury caused by the violent mob and one person namely Vinod Kumar died during riots near Brahampuri," Jain submitted.
He further added that four more accused persons have been arrested in the matter and some more have been identified and investigation is at crucial stage.
"Moreover, co-accused Sajjad is still absconding. The accused may hamper the safety and security of witnesses if enlarged on bail," Jain said.
At least 53 people were killed and hundreds of others were injured in the violence that took place in northeast Delhi between February 24 and 26 sparked by clashes between groups supporting and opposing the Citizenship Amendment Act.