HC asks for police response on Shahrukh Pathan’s bail plea

The Delhi High Court on Tuesday sought the response of the city police on a plea by Shahrukh Pathan, one of the persons accused in the north-east Delhi riots case

The Delhi High Court on Tuesday sought the response of the city police on a plea by Shahrukh Pathan, one of the persons accused in the north-east Delhi riots case who had brandished a gun at a police constable, after he moved the court seeking bail.

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Justice Prateek Jalan directed the Investigating Officer (IO) to file a status report on the plea by Pathan, wherein he sought interim bail from the court to look after his ailing father in Uttar Pradesh. Twenty-three-year-old Pathan was arrested on March 3 from UP’s Shamli district.

The court also asked the IO to verify all the medical reports of the Pathan’s father after his counsel, Asghar Khan, contended that he needed to be with his father as he would be undergoing knee surgery. Pathan had moved the High Court challenging a decision of the trial court, which denied him bail on May 9.

The trial court, while dismissing the plea, had stated that the fundamental right to protest against the government policies could not extend to disturbing public order. The court had also noted that in wake of the Covid-19 pandemic, no surgeries, except essential surgeries, are being conducted.

The city police had registered a case against Pathan under relevant sections of the Indian Penal Code (IPC) and the Arms Act. According to the FIR, on February 24, several people gathered illegally and raised slogans against the Anti-Citizenship Amendment Act (CAA). The alleged members of the unlawful assembly had bottles, pistols and stones.

In the meanwhile, Pathan fired 3-4 shots at the people around. The complainant, head constable Deepak Dahiya, requested him (Pathan) not to fire. However, Pathan fired at the head of the constable with the intention to kill. The constable ducked and saved himself. When he tried to stop Pathan, he again fired into the crowd, the complaint stated.

The Delhi Police had filed the first charge sheet over the February rioting in north-east Delhi, naming three men including Pathan, the man who was pictured pointing a pistol at a policeman in the Maujpur neighbourhood.

The 350-page charge sheet was filed in the Karkardooma court against Pathan, and two others who were arrested by the crime branch’s Narcotics Cell, a senior police officer said, adding that the three remain in jail.