HC denies bail to Shahrukh Pathan

New Delhi: Noting that the video clips where he is pointing a pistol towards a head constable "have shaken the conscience of this court" as to how petitioner "can take law and order in his hands", the Delhi High Court on Thursday denied bail to Shahrukh Pathan, an accused in a case related to the north-east Delhi riots that broke out last year.

A single-judge bench of Justice Suresh Kumar Kait, in his order, noted: "Whether or not petitioner had the 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 court further observed that the worthiness of the complainant's statement recorded under Section 161 CrPC and Pathan's claim that he had not aimed the pistol to shoot at the complainant, "shall be tested at trial".

While dismissing his bail plea, Justice Kait said: "The learned trial court has rightly held that the petitioner is alleged to have participated in riots and his picture speaks a volume about his involvement".

According to the prosecution, on February 24 last year, on the road between Jafrabad Metro Station and Maujpur Chowk, Pathan was allegedly party to the huge crowd which had unauthorisedly gathered and pelted stones, petrol bombs and fired gun/pistol shots. In a video that later went viral on social media and was captured by a journalist, Pathan was seen coming out of the crowd, wielding a pistol and pointing it towards Head Constable Deepak Dahiya, who was on duty at the spot.

In an earlier order, Additional Sessions Judge Amitabh Rawat had refused to grant interim bail to Pathan.

Pathan had been booked under charges of attempt to murder, rioting, unlawful assembly, among others and was arrested by the Crime Branch of the Delhi Police on March 3 last year from the Shamli bus stand in Uttar Pradesh after he went absconding following the incident.