Court warns against arresting bystanders without proof of instigation in mob violence.
Police must submit video evidence detailing accused's role in stone pelting incident.
Case stems from rumours sparking unrest during demolition near Turkman Gate mosque.
Delhi HC Bars Arrest Of Bystanders In Mob During Demolition Near Turkman Gate Mosque
The Delhi High Court observed that bystanders cannot be picked up for mob involvement in stone pelting during a demolition near Faiz-e-Elahi mosque, directing police to provide video evidence of specific roles in the case
Summary
The Delhi High Court has cautioned that bystanders cannot be arrested simply for being near a mob involved in stone pelting during a demolition drive near Faiz-e-Elahi mosque in Turkman Gate last month.
According to PTI, Justice Prateek Jalan made the oral observation while hearing a plea for anticipatory bail by a man accused of instigating the crowd. The court directed Delhi Police to submit a status report on the pre-arrest bail application by Sajid Iqbal, outlining his specific role along with video evidence.
PTI reported that the Delhi Police counsel informed the court the agency was investigating a "deeper conspiracy" in the matter, and claimed the accused had removed a barricade and instigated the crowd. Justice Jalan, after viewing a video of the incident, instructed the police to place the footage on record with proper time stamps, emphasising that even if the petitioner was part of the mob, his precise involvement in the unrest must be evaluated.
"If the video material shows 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 orally observed, and scheduled the matter for further hearing next week.
The petitioner's lawyer maintained that his client was not part of the mob engaged in stone pelting. He explained that the petitioner was merely returning from a relative's house when he was pushed into the crowd.
Reported PTI, the trial court had rejected the petitioner's anticipatory bail plea on 21 January, noting the investigation was at a preliminary stage. It observed that he appeared to be gathering the crowd in a video, and there was no reason for him to be present there and remove the barricade.
The case relates to violence during an anti-encroachment drive near the mosque in the Ramlila Maidan area on the intervening night of 6 and 7 January. The police stated that rumours were spread on social media alleging the mosque opposite Turkman Gate was being demolished, leading people to assemble at the site.
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They added that around 150-200 people hurled stones and glass bottles at the police and MCD personnel, resulting in injuries to six policemen, including the area's station house officer.
(With inputs from PTI)
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