Shahrukh Pathan, Delhi riots accused who ‘pointed gun at cop’, alleges attack by jail officials

The High Court was informed that a similar plea had been moved before the trial court, which had adjourned the matter to February 28 without passing directions for the preservation or production of CCTV footage.

“There was no order to the effect that some adequate safety measures be provided to him,” Pathan’s counsel Khalid Akhtar said.

The HC orally observed that since a similar plea is with the trial court, it would be appropriate for Pathan to move an early hearing application before the same. “If nothing happens, we will see,” the HC orally said. Then, Akhtar withdrew the plea, with the HC granting liberty to Pathan for moving an early hearing application for his pending plea before the trial court.

Additional Sessions Judge Amitabh Rawat in December 2021 had framed charges against Pathan under IPC sections 147 (rioting), 148 (rioting with deadly weapon), 149 (offence committed by unlawful assembly), 186 (obstructing public servant from performing duty), 188 (disobedience of order of public servant), 153A (promoting enmity on grounds of religion, etc.), 283 (danger or obstruction in public way), 353 (assault or criminal force to deter public servant), 332 (voluntarily causing hurt to deter public servant), 323 (voluntarily causing hurt), and 307 (attempt to murder).

The trial court had noted that the “intention to kill the policeman was clearly made out from the statement given by Deepak Dahiya (the Delhi Police head constable) that Pathan aimed at his head and fired but he managed to escape”.

“Even as per the video footage, the accused raised his pistol (not sideways but straight) aiming at the victim who is taller in height than him, but the direction of the pistol is certainly aimed at the head of head constable Dahiya,” the trial court had said.

It added, “Usually after firing or pulling the trigger, there is a jerk, and the hands and pistol are raised because of it. Thus, even the video shows that firing by the accused Shahrukh Pathan from the pistol in daylight was with an aim to kill Dahiya.”