Delhi violence: HC grants time to school owner to file response on police's plea to cancel bail
Jun 23, 2020
New Delhi [India], June 23 : Delhi High Court on Tuesday granted time to the owner of Rajdhani School to file its response on a plea filed by the police seeking to cancel his bail in connection with a case related to northeast Delhi violence in February this year.
Senior advocate Ramesh Gupta, appearing for Rajdhani School owner Faisal Farooq, informed that court that Farooq was yesterday arrested in another case related to the violence and is now in under custody in the matter.
Gupta sought time to file a reply on the police's plea seeking to cancel his bail plea in the matter, to which a bench of Justice Suresh Kumar Kait allowed his plea seeking time to file the response and slated the matter for further hearing on July 1.
Additional Solicitor General Aman Lekhi, appearing for Delhi Police, told the court that trial court order granting bail to Farooq was unwarranted.
In the petition filed through advocate Amit Mahajan and Rajat Nair, Delhi Police has 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 high court had yesterday put an interim 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.
The police, in its plea, has submitted that while granting bail to the accused the trial court judge made a patent and manifest error of law inasmuch 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 like the 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.
It said that 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, Delhi Police said in its plea.
Police also said that the mob in the schools had allegedly opened indiscriminate fire upon the other party and had caused the loss of life, limb, and property.
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, they caused huge damage to the nearby school.
"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 charge sheet and are in the knowledge of accused," the police said.
