Delhi riots: HC declines bail to man whose gun-wielding photo went viral

The court also castigated him for making highly derogatory and serious allegations against the Government of India, Ministers and judge of the court

The Delhi High Court on Thursday declined the bail plea by a Delhi riots case accused whose photo holding a pistol went viral, saying his picture and video clippings have shaken the conscience of the court.

"The role attributed to the petitioner is not confined to participation in the mob of rioters but of heading the large crowd, holding a pistol in hand and releasing open fire shots," Justice Suresh Kumar Kait said.

The court dismissed the plea by accused Shahrukh Pathan, saying the trial court has rightly held that the petitioner was alleged to have participated in riots and his picture spoke volumes about his involvement.

"The video clipping and pictures played before this court have shaken the conscience of this court how petitioner could take law and order in his hands. Whether or not he had intention to kill the complainant or any person present in the public with his open air pistol shots, but it is hard to believe that he had no knowledge that his act may harm anyone present at the spot," the single judge bench said.

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The court also castigated him for making "highly derogatory and serious allegations against the Government of India, Ministers and judge of this court". Maintaining that allegations were not worth disclosing, it suggested the Bar against making such claims in the petition until and unless supported with factual and material evidence in a particular case.

Following the incident on February 24, 2020, between Jaffrabad Metro Station and Maujpur Chowk, an FIR was lodged against Pathan by Delhi police head constable Deepak Dahiya two days after invoking provision for offenses such attempt to murder among others. Having absconded after his picture has gone viral, the police could arrest him from Shamli in Uttar Pradesh only on March 3, 2020.

In his contention, the petitioner claimed he has been made a scapegoat and poster boy of the riots and the complainant has become the symbol of bravery before media persons, which was against his fundamental rights.

The court, however, relied upon the prosecutor's claim that the call detail record and video footage analysis clearly showed the petitioner’s involvement in the alleged incident of riots. It also noted that at his instance, the illegal weapon used by him with two live cartridges and the shirt worn by him on the fateful day were recovered from his house.

"Moreover, it is not the case of petitioner that he was not involved in the alleged incident," the court said.