N-E Delhi violence: HC asks police to respond to accused' bail plea

The Delhi High Court Tuesday sought response of police on a bail plea by an accused, who brandished gun at a police head constable during the recent communal violence in the national capital's northeast area.

Shahrukh Pathan, 23, was arrested on March 3 from Uttar Pradesh's Shamli district and is presently lodged in jail here. He has sought interim bail citing the ill health of his father.

His picture showing him pointing a gun at unarmed Delhi Police head constable Deepak Dahia during the communal riots went viral on social media.

Justice Prateek Jalan, who conducted the hearing through video conferencing, directed the investigating officer of the case to submit the status report within seven days and alsoverify the medical reports of the accused' father on which his advocate placed reliance while seeking bail.

The court listed the matter for further hearing on June 4.

Pathan, through advocates Asghar Khan and Abdul Tahir Khan, moved the high court after a trial court recently dismissed his bail plea.

The trial court had said that the right to protest is a fundamental right in a democracy but this right of peaceful protest and open criticism of government policies does not extend to disturb the public order.

Police have registered a case against him under relevant sections of the Indian Penal Code (IPC) and the Arms Act.

The police had said it had recovered the pistol that Pathan had allegedly pointed at a police official during the communal violence, from his house.

In the viral video, Pathan, a resident of northeast Delhi's Ghonda, could be seen pointing his pistol at the policeman on the Jaffrabad-Maujpur road on February 24.

Police had said after seeing himself on news channels following the incident, Pathan changed his clothes and fled to Punjab. He then moved to Bareilly in UP before hiding at a friend's house in Shamli in the state.

In February, clashes broke out in North east Delhi between the groups supporting and opposing the Citizenship (Amendment) Act, 2019.