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Saturday, June 12, 2021

Delhi: Man who assaulted ASI with bricks over mask guidelines denied bail 

The accused had allegedly assaulted a police officer with bricks and tore his uniform after being questioned over why he was not wearing a mask.

Written by Anand Mohan J | New Delhi |
Updated: May 23, 2021 10:00:42 am
An Additional Sessions Judge pulled up a sub inspector with the Delhi Police for “attempting to misguide and mislead” the court.

A Delhi court Wednesday dismissed the bail application of a man accused of assaulting a police officer for enforcing Covid-19 guidelines, observing that “many of public persons brazenly violate the rules and put theirs as well as others health and safety at risk.” The accused had been found not wearing a mask.

The order was passed by Additional Sessions Judge Vishal Singh who dismissed the bail application of Ramzan alias Deepak. The accused had allegedly assaulted a police officer with bricks and tore his uniform after being questioned over why he was not wearing a mask.

“This court has no hesitation in observing that rather than following the safety protocols and rules/regulations related to protection from coronavirus, many of public persons brazenly violate the rules and put theirs as well as others health and safety at risk. Much more condemnable is the attitude of several people (specifically applicant/accused) who violate the rules and assault public officials who try to reason with them and enforce the safety protocols,” the court said.

“In the present case, a police official, who has put his own safety at risk to enforce the safety protocols amongst public, was assaulted and injured by applicant/accused with two co-­accused persons. IO has reported that the accused persons also tore the police uniform and spectacles of the complainant,” the order read.

The court said it found the offence committed “much graver than a routine offence”, and that grant of bail to the accused “shall result in miscarriage of justice”.

The accused had allegedly assaulted ASI Swatantra who was on official duty at Baljeet Nagar in Anand Parbat when he “spotted two boys namely Ramzan and Aslam roaming in the street without masks, in violation of Covid guidelines”.

Additional Public Prosecutor Reeta Sharma argued that when the ASI reasoned with them, they could not give any satisfactory reason for not wearing masks at a public place. When the complainant (ASI) sought to issue a challan against the said persons, they started misbehaving and beating him. In the meantime, their sister, who is a co-accused, came out of her home and started beating the complainant,” Sharma told the court.

Sharma also argued the complainant was “performing solemn duty in the beat area to enforce law and order while putting his own health at stake in the face of virulent corona pandemic. The present incident has a demoralising effect on the police where errant public assault them for enforcing the rule of law.”

The police has submitted that there are several eye witnesses to the incident, who are neighbours of the accused, and that “there is imminent likelihood that applicant/accused shall threaten the eye witnesses if released on bail”.

R K Gaur, lawyer for the accused, told the court the ASI “misbehaved with applicant/accused persons on a small issue and because of which there was quarrel between them.” He submitted that in the FIR, “it has been falsely mentioned that accused persons used knife and brick to cause hurt to the complainant official”.

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