Delhi HC issues notice to private school owner in Delhi violence case

New Delhi [India], June 23 : The Delhi High Court on Monday issued notice to the owner of a private school on a petition filed by Delhi Police seeking to cancel his bail plea in connection with a case of violence in the north-east district of the national capital.
The court also put a stay on his release on bail and made it clear that if he is still in custody then he shall not be released till further order.
Justice Suresh Kumar Kait asked Faisal Farooq, owner of Rajdhani School in Shiv Vihar locality in north-east Delhi, to file a response on the petition filed by Delhi Police challenging a trial court order granting him bail in connection with the violence case.
The court listed the matter for June 23 for further hearing.
"Till further order, if the respondent/accused, pursuant to order dated June 20, 2020 is still in custody, he shall not be released. Copy of the order be communicated to concerned Judge and Jail Superintendent concerned through phone, mail or any other mode for information and compliance," the court said.
In the petition filed through advocate Amit Mahajan and Rajat Nair, the Delhi Police sought to set aside the order and consequential bail granted to the accused Farooq vide order dated June 20 passed by Additional Sessions Judge Vinod Yadav.
The police further submitted that while granting bail to the accused, the trial court judge made a patent and manifest error of law in as much as it failed to consider the most important factor as held by the Supreme Court from time to time relevant for the purpose of grant of bail i.e. reasonable ground to believe that the accused has committed the offence and the nature and gravity of the charge.
The police also said that the trial court also failed to appreciate that the accused Farooq was charged with criminal conspiracy.
Police told the Delhi HC that the present case is one of the cases arising out of the riots which occurred in north-east district of Delhi and it pertains to the riots which occurred in DRP school which was completely destroyed in the alleged incident.
"From the investigation, it has emerged that the Farooq, who owned a Rajdhani Public School in close vicinity and was a very influential person in the area, had allowed the rioters to enter his school and the said mob created havoc from the terrace of Rajdhani Public School. Irreparable damage was caused to DRP Public School and other surrounding structures by the Rajdhani School mob," police said.
Police also said that the crowd present in the school had allegedly opened indiscriminate firing upon the other party and had caused loss of life and limb and property.
"During the investigation, huge quantity of stones, bricks, petrol bombs, ropes, one large catapult (gulel) etc. was found already stored on the terrace of Rajdhani Public School and hundreds of rioters used these provisions to catastrophic effect. The violence continued for two days unabated resulting in large number of deaths of innocent people and loss of property worth crores of rupees. Irreparable loss to a large number of poor people was caused due to these riots," police said.
According to police, Farooq was found as the kingpin and mastermind of the alleged incident and as stated in the charge-sheet, he had deliberately facilitated the entry of the rioters from the main gate of his school and in turn these rioters caused huge damage to the nearby DRP Public School.
"The damage was caused in a very systematic manner to the extent that rioters climbed down from the terrace of Rajdhani Public school to the DRP school with the help of ropes, which were also prearranged in the premises of the accused, police said.
The police also said it has also been established during investigation that a lot of bullets were fired from the terrace of Rajdhani Public School resulting in the death of two innocent people.
Stating that this is a case of rioting, attempt to murder, dacoity, causing enmity against the state etc which are considered to be the "gravest" of offences, police said that that bail of the respondent /accused in this case will adversely affect the investigation of other related cases too.
"The nature of the offence, the brazenness and impunity with which the accused has committed these offences, disentitles him from seeking bail. Looking at the character of the accused, there is every likelihood that he would evade the process of law and threaten the witness who have been named in the chargesheet and are in the knowledge of accused," read the petition.