Delhi CAA Protests : Sessions Judge Calls For CCTV Footages To Ascertain Involvement Of 15 Accused Persons In Violence [Read Order]

The Additional Sessions Judge (Vacation Judge) Manish Yaduvanshi of Tis Hazari Court on Saturday called for the CCTV footages from Daryaganj police to ascertain the involvement of 15 accused persons in alleged violence during anti-CAA protests on December 20 night.

The Court adjourned the hearing of bail applications of the 15 accused in the Daryaganj protests to 07.01.2020. The accused persons approached the Sessions Court after the dismissal of their bail applications by Tis Hazari Metropolitan Magistrate on Monday.

Advocate Siddharth Agarwal appeared before the Addl.Sessions Judge on behalf of the accused and submitted  that almost 50 people had been detained after the occurrence of the incident at 6pm on 21.12.2019, and the FIR was registered after 7 hours at 1.11am. Additionally, the accused persons were not even named in the FIR.

Agarwal also submitted that no weapons had been retrieved from the accused and police custody had not been sought. FIR did not indicate any individual roles of the applicants and mere presence of the applicants in the areas of occurrence did not imply their involvement.

It was also submitted that the accused belonged to the lower strata of society and their addresses were known. On the basis of the same, it was prayed that they should be released post imposition of appropriate bail conditions.

Additional Public Prosecutor vehemently opposed the bail by submitting that 17 police personnel had been injured. The common objective was to destroy the office of DCP (Central) and, a car had been burnt and pillars had been uprooted in furtherance of the same.

It was also submitted by the APP that statements from public witnesses and injured policemen had been recorded, identified the accused. Additionally, as the address of as many as 8 applicants was not verified and as the offences were of serious/heinous nature and investigation was in process, bail could not be granted.

Agarwal, in response, submitted that the the applicants whose addressed could not be verified, could rectify and assist the IO in proper verification. Their bail applications could be adjourned, and the remain could be decided.

After hearing the arguments, the Ld. Judge noted that ascertainment of actual involvement of the accused was necessary to appreciate Agarwal's arguments. As the IO was in the process of collating videographic evidence, the judge stated that the same needed to be completely in order to properly evaluate the issues.

The judge went on to note that "it cannot be lost sight of that the argument made before me is that the applicants had gathered in the area individually for the purpose of offering Namaj at Jama Masjid and otherwise. The Investigating Officer is only banking on statements under Section 161 Cr.PC and that too, of the affected policemen. That does not imply that they could be incorrect. The version of accused persons also needs to be verified".

On the basis of the aforementioned observations, the Ld. Judge passed the following directions:

A. The IO to examine the aspect of CCTV footage and produce CCTV grabs, if any, of the alleged incident in order to ascertain the actual involvement of the applicants in the offences alleged to have been committed by them.

B. The applicants whose Parcha 12 could not be verified may provide alternate address, if any, to the IO who shall make sincere efforts for obtaining the address verification positively by next date of hearing.

The judge, also noting that adequate time was required for the completion of the above mentioned directions, adjourned the case to 07.01.2020 for further arguments.

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