Delhi HC: Bystanders can't be picked up in Turkman Gate mob case
Delhi HC: Bystanders can't be picked up in Turkman Gate mob case
Delhi High Court directs police to detail each suspect's role in the Turkman Gate violence with timestamped video evidence, avoiding blanket arrests.
The Delhi High Court on Friday orally observed that bystanders cannot be “picked up” for being part of the mob that indulged in stone pelting during a demolition near the Faiz-e-Elahi mosque in Turkman Gate last month. Justice Prateek Jalan made the remark while hearing a plea for anticipatory bail by a person accused of instigating the crowd. The court asked Delhi Police to submit a status report in response to the bail plea by Sajid Iqbal, detailing the specific role played by him along with video evidence. The prosecution counsel said the agency was looking into a “deeper conspiracy” and that the accused had removed police barricades and instigated the crowd. The judge, shown a video of the incident, asked the police to put the video on record with proper timestamps, noting that even if the petitioner was part of the mob, his exact role had to be assessed. “If the video material shows that he is instigating, you are right. If he is simply passing by, you are not right. If you are picking up everyone in that area, that will not be permitted,” the court said and listed the matter for further hearing next week. The petitioner’s lawyer contended that he was not part of the mob that had indulged in stone pelting, claiming he was returning from a relative’s house when he was pushed into the crowd. The trial court had dismissed the anticipatory bail plea on January 21, noting the investigation was at a preliminary stage. Based on video footage, the court had observed that he appeared to be gathering the crowd, and there was no reason for him to be present there or to remove the barricade. The case relates to violence during an anti-encroachment drive near the mosque in Ramlila Maidan on the night of January 6-7, with police saying rumours spread on social media that the mosque opposite Turkman Gate was being demolished.