Delhi riots: Court dismisses woman’s bail plea in case related to murder of head constable
A Delhi court on Friday dismissed the bail plea of a woman accused in connection with a case related to the murder of head constable Rattan Lal during northeast Delhi riots last year.
Additional Session Judge Vinod Yadav rejected the bail plea of Tabassum, a resident of Chand Bagh Area of Delhi, observing that the Call Detail Records (CDRs) of the mobile phone of her revealed that she was in constant touch with several co-accused persons.
The judge further said that the charges against the applicant were serious in nature.
“Considering the facts and circumstances of the case in totality vis-à-vis gravity of offence, I do not find it to be a fit case for grant of bail to the applicant. The bail application is accordingly dismissed,” the judge said.
The judge noted that “it is clearly evident that the protestors and organizers had motivated persons in the mob and certain unscrupulous elements had surrounded the scene of crime and they appeared to be fully equipped with rioting material like stones, sticks, sharp edged weapons and other sort of raw weapons.” “Even burqa clad women are clearly seen attacking the police party with sticks and other material in their hands and they clearly appeared to be charged up. “It has also come on record that some of the persons of the mob had taken possession of the rooftops of high rise buildings at or around 25 feet road, having firearms and other rioting material with them,” the judge noted.
He said that “all this prima facie indicates that everything was being done under a well hatched conspiracy, the common object whereof was to cause blockade of the main Wazirabad Road and if resisted by the police, then to go to any extent to liquidate them by use of force.” The police had opposed the bail plea saying Tabassum used to share stage with other protestors and instigate the gathering against the Government which ultimately led to violence on February 24, 2020 thereby resulting in death of more than 50 people in North East District of Delhi, including head constable Rattan Lal.
According to the prosecution, during the incident, Deputy Commissioner of Police (DCP) Shahdara, Amit Sharma, Anuj Kumar, ACP Gokalpuri and 51 other policemen had also suffered severe injuries at the hands of rioters.
In her application, the accused had admitted having participated in the protest, however, she reiterated that protesting against some legislation was her “legal and fundamental right” and that it could not be snatched away from her as it was her “legitimate belief and perception that Citizenship Amendment Act, 2019 (CAA) and National Register for Citizens (NRC) were against a particular religion.” She further submitted that the investigating agency had not been able to establish the contents of her speech and whether they were inflammatory or instigating.
Regarding the allegation of criminal conspiracy, the accused said that “participating in the protest against a particular law/enactment does not amount to conspiracy of incitement of violence where head constable Rattan Lal had died.” Her counsel also argued that the applicant was a lady, aged about 38 years and permanent resident of Chand Bagh, Delhi. “The applicant is having two minor school going children, whose future/career is at stake as they have been deprived of the care and custody of their mother. “She has been falsely implicated in the present matter by the investigating agency; she was not present at the scene of crime on the date and time of incident and as such she has nothing to do with alleged incident,” the application said.
At least 53 people lost their lives and hundreds of others were injured in the violence, which erupted between groups supporting and opposing the Citizenship Amendment Act (CAA) in the norteast area of the national capital in February last year.