The Delhi High Court has recently stirred up controversy by seeking the city police's response to the bail application of Shahrukh Pathan, a key figure caught on national television during the 2020 northeast Delhi riots, brandishing a gun at a policeman.
The court, presided over by Justice Jyoti Singh, has issued a notice to the Delhi Police regarding Pathan's bail plea and has granted them four weeks to file a reply. Pathan's counsel argued during the hearing that his client, accused of attempted murder with a maximum penalty of 10 years, has been in custody for four years with no injuries caused to anyone.
Therefore, he sought bail on humanitarian grounds, emphasizing the lengthy duration of Pathan's detention. In response, the prosecutor urged the court to solicit a report from the jail authorities regarding Pathan's conduct while in custody, emphasizing its importance in opposing the bail plea.
The court also ordered Pathan's nominal roll, detailing his behavior in jail, to be submitted before the next hearing on April 16. Pathan's legal battle stems from a trial court's rejection of his bail plea last December.
The trial court's decision cited the severity of the allegations against Pathan, including the brandishing of a firearm and firing at a Delhi Police head constable during the communal riots in Jafrabad on February 24, 2020. An FIR was lodged against Pathan under various sections of the IPC, encompassing rioting, unlawful assembly, promoting enmity between different groups on religious grounds, among others, along with charges under the Arms Act.
Pathan was apprehended on March 3, 2020, from Uttar Pradesh's Shamli district and has remained incarcerated since. The 2020 Delhi riots erupted amid clashes between supporters and opponents of the new citizenship law, resulting in widespread violence that claimed 53 lives and left scores injured.
Pathan's case has become emblematic of the turbulent events of that period, highlighting the legal complexities and social ramifications of such incidents.