Turkman Gate case: Cops can’t pick up bystanders, says HC

The Delhi High Court on Friday observed that bystanders cannot be “picked up” merely for being present among a mob involved in stone-pelting during a demolition drive near the Faiz-e-Elahi mosque at Turkman Gate last month.

Justice Prateek Jalan made the oral observation while hearing an anticipatory bail plea filed by a person accused of instigating the crowd.

The court issued notice to Delhi Police on the bail application filed by five accused persons. It also issued notice to the jail superintendent, directing that the medical records of all five accused be furnished before the next hearing.

Counsel for Mohammad Arib, Kashif, Adnan, Mohammad Kaif and Sameer sought additional time to prepare arguments in light of a fresh status report filed in the matter. The court granted time till January 13. With the latest arrests, police have apprehended 13 persons, including a juvenile, so far.

During the previous hearing, eight accused — Afaan, Adil, Shahnawaz, Amir Hamza, Ubadullah, Atharr, Mohammad Imran and Mohammad Imran — were produced before a magisterial court, which remanded them to judicial custody till January 21. The court noted that the grounds of arrest had been supplied to all the accused and that, prima facie, their presence at the site of violence was apparent.

Delhi Police have invoked Section 109 (attempt to murder) of the Bharatiya Nyaya Sanhita (BNS), along with other provisions related to rioting and obstruction of public servants, in the fresh arrests.

Police submitted that six police personnel were injured during the stone-pelting incident, some sustaining injuries to vital parts of the body, including the head.

Violence had erupted during an anti-encroachment drive near the Faiz-e-Elahi mosque in the Ramlila Maidan area on the intervening night of January 6 and 7, when a crowd allegedly pelted stones at police personnel.