Huge Delay In Trial, Only 2 Witnesses Examined So Far: Delhi Riots Accused Shahrukh Pathan To High Court In Bail Hearing

Shahrukh Pathan, the man who pointed a gun at a policeman during 2020 North-East Delhi riots, Monday told Delhi High Court that there is a huge delay in conclusion of the trial and that only two witnesses have been examined so far over a period of one year and three months.

Justice Dinesh Kumar Sharma was hearing Pathan’s bail plea in a case related to rioting and causing injuries to police personnel including one Rohit Shukla by an armed mob. Pathan's bail plea was rejected by the trial court in December 2021. Charges have already been framed against him in the matter. Pathan moved the High Court in January last year seeking bail.

He is facing charges separately in another case in connection with the pointing of the gun.

During the course of hearing today, Advocate Khalid Akhtar appearing for Pathan submitted that even though charges were framed against him in December 2021, only two witnesses have been examined so far out of almost 40 witnesses.

“There is a huge delay in conclusion of trial. Only two witnesses have been examined so fat out of about 40. That took over a period of 1 year 4 months. Until now, only two witnesses have been examined. I have been attacked in jail too,” he said.

Akhtar further submitted that Pathan was recently attacked in jail and that the High Court asked him to approach the trial court where his application seeking protection and other reliefs was pending.

“The bail application has been pending for 14 months now. I filed the bail application here in January 2022,” he said, while requesting the court to hear the matter on a shorter date.

While listing the matter for hearing on May 2, the court directed Pathan as well as the Delhi Police to file brief written submissions.

Pathan had earlier submitted that there are various discrepancies between the time mentioned in MLC, when gunshot injury was allegedly caused to Shukla, and his statements recorded under Section 161 of CrPC.

It was submitted that Pathan has been in custody from April 3, 2020 and that the investigation is complete in the matter.

He also contended that since there are two cases registered against Pathan, the investigation agency had taken evidence from another FIR 51/2020 and falsely implicated him in present case.

While denying him bail, the trial court had said that the CCTV footage of a nearby camera installed at the relevant location showed his presence in the mob.

The FIR was registered under Sections 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 186 (Obstructing public servant in discharge of public functions), 188 (Disobedience to order duly promulgated by public servant), 153A (Promoting enmity between different groups on grounds of religion, etc.), 283 (Danger or obstruction in public way or line of navigation), 353 (Assault or criminal force to deter public servant from discharge of his duty), 332 (Voluntarily causing hurt to deter public servant from his duty), 323 (voluntarily causing hurt), 307 (attempt to murder), 505 (Statements conducing to public mischief) and 120B (criminal conspiracy) r/w 34 of IPC along with sec. 27 of the Arms Act.

Case Title: Shahrukh Pathan v. State