Delhi Riots: High Court grants bail to 3 accused; observes 'no evidence whatsoever'

The Delhi High Court granted bail to three persons arrested for committing a murder on February 24, 2020, during the riots which erupted in the national capital. The aforesaid accused- Junaid, Chand Mohd. and Irshad are charged under Sections 147, 148, 149, 153-A, 302, 395, 397, 452, 454, 505, 506 and 120B of the Indian Penal Code. As per the police, the petitioners were a part of the Muslim mob which opened fire and pelted stones from the rooftop of the Saptarishi building resulting in the unfortunate death of Shahid who received a gunshot injury. 

However, Justice Suresh Kumar Kait ruled that the prosecution had failed to establish the presence of the three accused at the scene of the crime when Shahid was shot at. Referring to the post mortem report, he contested the claim that the victim was shot at a close range and cited a video to indicate that the firing was done from the roof of the Mohan Nursing Home building. Moreover, the single-judge bench held that it is hard to believe that the accused could have caused the death of a person from their own community during the Delhi riots.

In the bail order pronounced on Friday, the three accused were asked to furnish a personal bond of Rs.25,000 with one surety in the like amount. At the same time, Justice Kait made it clear that the trial court should not get influenced by the HC's observations. He directed Junaid, Chand Mohd. and Irshad to neither influence the witnesses nor tamper with the evidence.

Read: Delhi Riots: Court Denies Bail To Shahrukh Pathan, Observes 'picture Speaks Volumes'

In paragraph 18 of the judgment, the HC noted, "In view of the above submissions, it can be seen that there is no evidence whatsoever, either direct or circumstantial or forensic against the petitioners. Neither there was any motive whatsoever either for them or for any other person allegedly present on the roof of Saptarishi building, to commit the offence, nor has the prosecution alleged any motive in the entire case. Thus, it is hard to believe that a communal riot can be used by the petitioners to cause death of the person of their own community". It added, "Moreover, when it is an admitted case of the prosecution that the petitioners actually let go off the witnesses of the different community and asked them to leave the scene of crime to save their lives, namely, Mukesh, Narayan, Arvind and their families, before climbing on the roof top of Saptarishi building. If, they were really involved in this communal riot and wanted to cause harm to the members of the other community/Hindu community, they would not have tried to save the lives of the above-named members of the other community". 

Read: Delhi Riots: Court Extends Judicial Custody Of Umar Khalid, Sharjeel Imam Till March 1

The Delhi riots

On February 23, 2020, clashes broke out between CAA supporters and anti-CAA protesters in northeast Delhi amid the then US President Donald Trump's visit to India. The riots continued over the next two days resulting in the death of 53 persons and more than 200 others getting injured. So far, the Delhi Police has named several persons as accused including prominent anti-CAA protesters such as JNU student Sharjeel Imam, Umar Khalid, 'United Against Hate' chief Khalid Saifi, Congress ex-councillor Ishrat Jahan, ex-AAP councillor Tahir Hussain, RJD youth wing’s Meeran Haider, Pinjda Tod activists Gulfisha Fatima, Safoora Zargar, Natasha Narwal and Devangana Kalita etc. They have been charged under the UAPA and many sections of the IPC including rioting, murder and criminal conspiracy. 

Read: Shiv Sena Slams Centre For Failure To Curb Delhi Violence, Draws Comparison To 1984 Riots