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Thursday, May 06, 2021

Delhi HC says its conscience is shaken, dismisses bail plea of gun-toting riot accused

The court also said that whether or not he had the intention to kill the police official or any other person with his “open-air pistol shots, it is hard to believe that he had no knowledge that his act may harm anyone present at the spot."

Written by Sofi Ahsan | New Delhi |
April 15, 2021 12:26:53 pm
Delhi court dismisses Shahrukh bail pleaShahrukh Pathan is accused of pointing a gun at a head constable

The Delhi Court on Thursday dismissed the bail plea of Shahrukh Pathan, who is accused of brandishing a pistol towards a head constable and firing 3-4 rounds of shots towards people during the protests which took place in Northeast Delhi in February 2020.

“The role attributed to the petitioner is not confined to participation in the mob of rioters but of heading the large crowd, holding a pistol in hand and releasing open fire shots. The video clipping and pictures played before this Court have shaken the conscience of this court as to how petitioner could take law and order in his hands,” said Justice Suresh Kumar Kait in the order.


The court also said that whether or not he had the intention to kill the police official or any other person with his “open-air pistol shots, it is hard to believe that he had no knowledge that his act may harm anyone present at the spot.”

“The worthiness of complainant’s statement recorded under Section 161 CrPC and petitioner’s claim that he had not aimed pistol to shot at the complainant, shall be tested at the trial,” said the court further.

“In the opinion of this Court, the learned trial court has rightly held that the petitioner is alleged to have participated in the riots and his picture speaks volumes about his involvement,” reads the order.

Pathan was arrested on March 3 last year from Shamli Uttar Pradesh. His counsel had argued before the court that he has been made a scapegoat and poster boy of the riots which is against his fundamental rights.

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