2020 Delhi Riots: Court Rejects Bail Plea of Shahrukh Pathan

Delhi’s Karkardooma Court has dismissed the bail plea of Shahrukh Pathan, a prominent figure in the media for pointing a pistol at a policeman and threatening to kill him during the 2020 northeast Delhi riots. Additional Sessions Judge Amitabh Rawat heard Pathan’s plea for relief, contending that since the accused had been in custody since March 2020 and approximately 90 witnesses were yet to be examined, he should not be “incarcerated indefinitely.”

“Considering the accused’s conduct in jail during his judicial custody, his behavior before being arrested, conduct during court proceedings, and, most importantly, the allegations supported by eyewitnesses and video footage against the accused…the court finds no grounds to grant him bail,” the judge stated.

This marks the seventh instance where Pathan’s bail plea has been rejected, both by the trial court and the Delhi High Court. The court highlighted that the current case involved Pathan brandishing a pistol and firing at a Delhi Police head constable during the communal riots in Jafrabad on February 24, 2020.

The court noted that since the framing of charges against Pathan, the prosecution was not responsible for the case’s delay. It attributed the delay to co-accused persons deliberately absenting themselves on court dates, leading to the discharge of present witnesses, or due to Kaleem Ahmed pleading guilty, necessitating arguments and sentencing orders.

Another factor contributing to the delay was the non-production of co-accused Babu Wasim, who had absconded but was later arrested in Uttar Pradesh. The court mentioned the recovery of a mobile phone from Pathan by prison authorities and deemed his conduct in prison, as seen in court footage, as “completely unsatisfactory.”

The court also acknowledged Pathan’s behavior during proceedings on November 24 of the previous year, where he passed a written slip containing a phone number to a co-accused released on bail. Special Public Prosecutor Anuj Handa’s submission was supported by the court, emphasizing that eyewitness statements and various CCTV footages clearly indicated Pathan’s involvement in the riotous mob that fired upon the head constable and other members of the public.