Delhi Riots: Taking Humanitarian Approach, Court Grants Four Hours Custody Parole To Shahrukh Pathan For Meeting Ailing Parents

Taking humanitarian approach, a Delhi Court has granted four hours custody parole to Shahrukh Pathan, the man who pointed a gun at a policeman during North East Delhi riots, in a case related to rioting, causing injuries to police personnel and gunshot injury sustained by one Rohit Shukla by an armed mob. (FIR 49/2020 registered at Jafrabad Police Station)

Additional Sessions Judge Amitabh Rawat granted relief to Pathan in an application moved by him on the ground that the health condition of his father was precarious and that he wanted to meet him for a few hours.

"In these circumstances, the court is inclined to take humanitarian approach and thus, the present application is allowed on the following terms. Accordingly, custody parole is granted to the applicant/accused Shahrukh Pathan @ Khan for four hours for 23.05.2022, as per Rules for taking him to the residence and he shall be allowed to meet his parents at the said house," the Court ordered.

The Court clarified that the custody parole was allowed only to meet the ailing and aged parents at their residence and not for meeting other persons.

It was argued on behalf of Pathan that his father being a senior citizen of 65 years, was suffering from various ailments and that Pathan was recently granted custody parole for a day in March this year for attending the surgery of his father.

It was also submitted that Pathan was brought to the hospital but he could not meet his father due to his health condition.

While noting that although the allegations against Shahrukh Pathan were 'quite serious' and his bail pleas had been dismissed many a times, the Court noted that the factum of the coronary angiography of his father was already verified.

"Parents are aged and have ailments," the court added.

Accordingly, the plea was allowed in the said terms.

The Court had in December last year, framed charges against Pathan in the said FIR under Sections 147 (rioting), 148 (rioting armed with 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) and 307 (attempt to murder) of IPC.

The FIR was registered under Sections 147, 148, 149, 186, 188, 153A, 283, 353, 332, 323, 307, 505, 120B and 34 of IPC along with sec. 27 of the Arms Act.

The injured person Rohit Shukla had given a statement that on February 24 last year, there were two groups of people, one of which was shouting "Allah­hu­Akbar" and protesting against CAA and NRC.  He also stated that the unlawful assembly turned violent and started throwing stones and one person held a pistol shot at him.

He also gave a statement that at another location, out of a violent crowd, a boy aged 24­ to 25 years came out with pistol and tried to kill him. According to the statement, it was alleged that the boy fired at the witness who had then received injuries.