Delhi violence: Shahrukh Pathan's interim bail plea rejected
Nov 10, 2020
New Delhi [India], November 10 : A Delhi court has dismissed the interim bail plea filed by Shahrukh Pathan, the man who allegedly opened fire at police personnel on February 24 during the northeast Delhi violence, citing his mother's health issues.
Additional Session Judge Amitabh Rawat of Karkardooma Court complex, while passed the order on Monday, observed that while the medical documents of the mother of the applicants were verified and found to be correct, the applicant's father and the relatives can take care of the mother of the accused at this time.
"There is also the applicant's brother who can provide assistance and necessary help. Though claimed, yet there is nothing to suggest that the applicant's elder brother has no relations with the family," the court noted in its order.
Considering the conduct of the accused and the manner in which he had absconded and was arrested later, the court observed that Pathan is a flight risk.
"As per record, even the applicant's father Sabir Ali @ Baldev Singh was convicted earlier in an NDPS case. The applicant, Shahrukh Pathan had moved the regular bail application, which was dismissed. Even the interim bail application moved on the ground of the medical condition of his father and surgery was also disposed of as withdrawn by the High Court of Delhi. The gravity in the present case is sufficient to deny any benefit of interim bail to the accused," it added.
Pathan had moved pleas through advocates Asgar Khan, Abdul Tahir Khan and Tariq Nasir seeking interim bail in two cases related to the violence which took place in the northeast part of the national capital in February this year citing his mother's medical condition.
Advocate Sunil Mehta, representing Pathan, argued that the people present at the place of the incident were exercising their fundamental rights and criticising the government against the Citizenship Amendment Act and accused was initially trying to pacify the matter and when attacked with heavy stones, he rushed to seek shelter.
"However, after getting no place to hide, he shot fire in self-defence by an armed weapon which was given by some unknown person from the public. There was no intention of the applicant to harm anybody," Mehta told the court.
It was also submitted that the mother of the applicant has fallen from the stairs while staying in the house of her sister at Bareilly, Uttar Pradesh and that she has sustained injuries on her back and spinal cord. She has also been asked to undergo a surgical operation on October 26, which is now fixed for November 10, at Maharana Pratap District Hospital, Barelli.
Advocate Devender Kumar Bhatia, Special Public Prosecutor, submitted that Pathan tried his best to mislead police during the investigation and several aspects of investigation related to the appellant are still pending.
"There is a strong likelihood that he may tamper with the evidence and witnesses if released on bail," Bhatia added.
According to police, after the incident in February, Pathan initially kept roaming around in the national capital before slipping away to Punjab and Uttar Pradesh's Shamli, from where he was arrested later. During the investigation, Pathan revealed that the car he used belonged to his uncle's son and that he had left the car in a garage in Haryana after it broke down.
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.
