Delhi HC sets aside bail granted to accused in Turkman Gate violence, seeks fresh consideration

Delhi High Court overturned bail for Md Ubedullah, accused of rioting during an anti-encroachment drive, citing a lack of reasoning in the initial decision.

New Delhi

The demolition drive on January 7. (HT Photo)

The Delhi High Court set aside bail granted to a 25-year-old man accused of indulging in violence during an anti-encroachment drive conducted by the Municipal Corporation of Delhi (MCD) near the Faiz-e-Ilahi Mosque at Turkman Gate in central Delhi on January 7, and remitted the matter to the sessions court for fresh consideration.

A bench of justice Prateek Jalan, holding that the bail grant was “cryptic” and “unreasoned” in his order delivered on Thursday, directed the trial court to hear the bail plea on Friday. However, it could not be taken up as the roster judge was on leave. Consequently, justice Jalan on Friday directed the trial court to hear the matter on Saturday and in case the bail is allowed, the same be listed before the magistrate for execution of bail bonds.

The judge, in his eight-page order delivered on Thursday, said, “I am of the view that the impugned order does not adequately address the arguments of the parties. Most of the contents consist of recordings of submissions, without even a prima facie or brief analysis of the factors which govern the adjudication of bail applications. While the Court is extremely cautious in interfering with liberty granted to an individual, the present case falls within one of the exceptional cases in terms of the aforesaid judgments, as the impugned order is cryptic and unreasoned.”

The court was dealing with the Delhi Police’s appeal against the trial court’s January 20 order granting bail to Md Ubedullah, who was accused of rioting, stone-pelting and attempted murder under the Bharatiya Nyaya Sanhita (BNS).

In its petition, the Delhi Police, represented by additional standing counsel Sanjeev Bhandari, contended that the sessions court failed to assign reasons while granting regular bail, despite the proceedings arising from serious allegations. The police alleged that the accused was part of a mob that attacked and injured officers during the removal of illegal encroachments.

Opposing the plea, the counsel for the accused, AF Faizi, submitted that there was no video evidence linking his client to the incident and that his presence at the site was merely because he was a resident of the locality. He further argued that the sessions court had recorded sufficient reasons while granting bail, though the court could, if it deemed fit, remit the matter back to the sessions court for reconsideration.

The stone pelting took place during a demolition drive conducted by the Municipal Corporation of Delhi (MCD) near the Faiz-e-Ilahi Mosque in the early hours of January 7. A total of 32 bulldozers were deployed to remove alleged encroachments outside the mosque, including a private diagnostic centre locally referred to as a charitable dispensary, and a banquet hall.

Locals protested the demolition, leading to clashes. Police used lathis and tear gas shells after protesters allegedly pelted stones. An FIR was registered on January 7, on charges of rioting and unlawful assembly.

The Delhi Police, in total, arrested 20 people in the case. Md Ubedullah was the first of the 20 accused to be granted bail by the trial court on January 20.