The Delhi High Court on Thursday asked Shahrukh Pathan, who is charged in the 2020 Northeast Delhi riots, to file an application before the trial court for advancing the hearing of his petition alleging that he was attacked and assaulted by jail officials.
Justice Amit Sharma, who was hearing a similar petition moved by Pathan, stated that since a plea had already been filed before the trial court, an application seeking an early hearing before the concerned court would be appropriate.
Pathan’s advocate, Khalid Akhtar, submitted that the trial court listed the case for further hearing on February 28 without passing an order or directing that relevant CCTV footage be preserved or produced.
“There was no order requiring that he would be provided with adequate safety measures,” Akhtar added.
“You move an application for early hearing before trial court,” Justice Sharma stated after hearing the advocate. We’ll see if nothing happens. We will grant you the liberty.”
The plea was thus withdrawn after the court granted Pathan liberty to move an application before the trial court for advancing the hearing of his pending plea.
Despite the fact that Pathan is an accused in several cases filed during the riots, the petition in question was moved in FIR 51/2020, relating to an incident in which he was captured pointing a gun at a police officer during the riots. Its pictures had gone viral on social media.
The FIR was filed at Jafrabad police station under Sections 147 (rioting), 148 (rioting while armed with a deadly weapon), 149 (unlawful assembly), 153A (promoting enmity between different groups on religious grounds, etc.), 186 (obstructing public servant in discharge of public functions), and 188 (obstructing public servant in discharge of public functions) (Disobedience to an order lawfully promulgated by a public servant) 307 (Assault or criminal force to deter a public servant from performing his duty), 353 (Assault or criminal force to deter a public servant from performing his duty), 505 (Statements conducive to public mischief), 120B (Criminal conspiracy), and 34 (common intention) of the IPC, as well as Section 27 (Punishment for using arms, etc) of the Arms Act.
