On 4th February 2021, the Karkardooma court in Delhi has refused to grant bail to Shahrukh Pathan, who pointed a gun at a policeman, during the February 2020 Delhi riots, amid controversy on the Citizenship Amendment Act.
The Additional Sessions Judge, Amitabh Rawat has while denying bail to Pathan, observed that “What is material is the gravity of the offense and the allegations against the accused which are quite grave. And added to it is the conduct of the accused showing that he does not satisfy the triple test for the grant of bail.”
Further, while referring to the viral photo of Pathan pointing a gun at a policeman, Judge Rawat noted that the accusations against Pathan were grave and that his ‘picture spoke volumes of his involvement’.
Background
On February 23, clashes began between CAA supporters and anti-CAA groups in Northeast Delhi, as both camps resorted to stone-pelting after Shaheen Bagh-like protests started in Jaffrabad and Chand Bagh. The situation deteriorated even as Delhi Police was present at the spot as houses, shops, and buses were burnt.
While the Home Minister reviewed the situation on February 24 and 25, as US President Donald Trump visited India, the violence increased killing 53 and injuring over 200.
On 1 May 2020, Delhi police filed the first charge sheet naming Shahrukh Pathan for allegedly firing on head constable Deepak Dahiya and others, on 24 February 2020. Pathan who was the first person to be arrested in connection to the riot case was named along with Kaleem Ahmad and Ishtiyak Mallik for aiding Pathan on the spot.
The instant case against Pathan was registered under Sections 147 (Punishment for rioting), 148 (Rioting, armed with a deadly weapon), 149 (Every member of unlawful assembly guilty of offense committed in the prosecution of common object), 216 (Harbouring offender who has escaped from custody or whose apprehension has been ordered), 186 (Obstructing public servant in discharge of public functions), 307 (Attempt to murder), 353 (Assault or criminal force to deter public servant from discharge of his duty) and 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code read with Section 25 and 27 of the Arms Act.
The Special Prosecutor opposed Pathan’s Bail Plea stating that on 24th February 2020, he was caught brandishing a pistol with the temerity of firing and pointing it at police personnel HC Deepak Dahiya, who was deputed on that day for law-and-order arrangements near Jafrabad Metro Station.
After the said incident near Jafrabad Metro Station, Pathan had reportedly absconded, however, after a concerted effort and based on secret information, he was arrested by the team of Crime Branch on 3rd March 2020 from Shamli Bus Stand, Uttar Pradesh. The Car used for escaping from Delhi after committing the crime was recovered from Uttar Pradesh at his instance. One Kaleem, who had given shelter to the applicant after his escape from Delhi, initially absconded, but he too was later on arrested.
