New Delhi: Observing that the accused was part of a WhatsApp group called "Kattar Hindu Ekta", members of which planned the killings of as many as nine Muslim men, and that his call detail records (CDR) show his presence at the crime spot where a 19-year-old boy, including his elder brother, was brutally murdered, the Delhi High Court on Friday denied bail to a man in connection with his involvement in last year's north-east Delhi riots.
The judgement in the case was passed by Justice Suresh Kumar Kait who noted that the allegations levelled against the accused, one Pankaj Sharma, in the case were "grave in nature". The court further noted that in the alleged incident, a young 19-year-old boy lost his life and as per his post mortem report, 42 grievous injuries were found on the deceased's body "which proved fatal for him".
Justice Kait stated that the present case was at the stage of framing of charges and while besides this case, the accused is implicated in eight other cases. "...the apprehension expressed by prosecution that if released on bail, the petitioner may threaten the witnesses, is not misplaced," the court said, while dismissing the bail plea.
As per case records, the incident dates back to February 27 when one Hashim Ali, along with his brother Aamir Khan, was brutally murdered and his body thrown into the Bhagirathi Vihar drain.
Following this, statements of eyewitnesses were taken, who disclosed the name of three persons, including a woman, as being allegedly involved in the crime. The two men, one Mohit Sharma and Shivam Bhardwaj, were reportedly members of the "Hindu Ekta Kattar" WhatsApp group which was created on February 25.
Thereafter, one Lokesh Solanki, who had sent several incriminating messages in the group, was traced and arrested after which he allegedly disclosed the names of persons allegedly involved in carrying out the riots with Sharma being one of them. Solanki also allegedly confessed that he along with his accomplices, including Sharma, killed nine members of the Muslim community, including Hashim Ali and his brother Aamir Khan, whose body they threw in the Bhagirathi drain and burnt their vehicles.
Advocate Sanjeev Dagar, on behalf of Sharma, argued before court that the witnesses presented by prosecution in the case were planted and "stock witnesses" as their statements were 'contradictory'.
On his client's bail plea being earlier turned down by a trial court, the counsel submitted that the chargesheet filed before the trial court does not reflect "grave suspicion" with regard to the accused and that he has been arrested "on an unfounded presumption" that he was part of an unlawful assembly.
Meanwhile, the prosecution argued that the role of Sharma in the present case is not only of participating in a mob of rioters but that he is amongst the "conspirators" who designed the killing of persons belonging to the Muslim community.