‘Huge delay in conclusion of trial’: Shahrukh Pathan accused in 2020 Delhi riots tells HC

Pathan has been accused of being a member of the unlawful assembly who along with other associates armed with bottles, stones, and pistols obstructed police officials posted there to maintain law and order, in the discharge of their public functions. The Delhi Police have alleged the mob caused injuries to police personnel and a man, Rohit Shukla, sustained a gunshot injury.

Pathan’s counsel said Monday that out of 40 witnesses, only two have been examined. Arguing there had been a “huge delay” in the conclusion of the trial, Pathan’s counsel said the examination of the two witnesses took one year and four months and that he had been attacked in jail too. On February 9, another HC bench had directed Pathan to approach the trial court seeking an early hearing of his plea alleging that he was assaulted by Tihar Jail officials. Pathan told the High Court Monday his plea seeking protection and other reliefs was pending in the Trial Court.

His lawyer also argued that since there are two cases pending against Pathan, the investigating agency had taken evidence from another case and falsely implicated him in the present case. “The bail application has been pending for 14 months now. I filed the bail application here in January 2022,” Pathan’s counsel said urging the court to hear his case on a short date.

The HC listed the matter on May 2, allowing the parties to file their written submissions in the case.

In a previous hearing, Pathan had alleged that there was a discrepancy in the statement of Shukla, who was allegedly shot. Pathan had previously submitted that in the medico-legal case/report the time and place of attack is different from what has been stated by Shukla)in his statement under Section 161 of CrPC. His lawyer argued that Pathan had been in custody since April 3, 2020, the investigation is complete and Pathan is in no position to influence or threaten the witnesses, therefore he should be granted bail.

Additional Sessions Judge Amitabh Rawat of the Trial Court, in his December 7, 2021, order while denying Pathan bail had said, “There is also a CCTV footage of camera installed near Metro Pillar No 208, a mere 40-50 meters away from the Maujpur Chowk and it shows the presence of accused Shahrukh Pathan in the riotous mob. Even, as per his CDR location, he was present at the spot”. Judge Rawat had added Constable Deepal Dahiya had identified Pathan. Pathan is also accused of pointing a gun at Dahiya in another FIR.

The Delhi Police have booked Pathan under 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), 505 (Statements conducing to public mischief) and 120B (criminal conspiracy) read with Section 34 (common intention) of Indian Penal Code (IPC) as well as the Arms Act.