Delhi Riots: High Court Issues Notice On Bail Plea Of Shahrukh Pathan Who Pointed Gun At Cop

The Delhi High Court on Thursday issued notice on the bail plea of Shahrukh Pathan, the man who pointed a gun at a policeman during the 2020 North-East Delhi riots.

The development ensued in FIR 51 of 2020 registered at Jafrabad Police Station. The case relates to an incident wherein he was captured pointing a gun towards a policeman during the riots. The pictures of it had gone viral on the social media.

Justice Jyoti Singh sought status report from the prosecution and listed the matter for hearing next on April 16.

The court also ordered that Pathan's nominal roll be requisitioned before the next date of hearing.

The counsel appearing for Pathan contended that the maximum punishment that can be given to him in the case is 10 years as there is no injury caused to anyone whereas he has already been in jail for 4 years.

“Issue notice. Learned APP for the State accepts notice and seeks four weeks time to file a status report. Let the nominal roll be requisitioned before the next date,” the court said.

Pathan was denied bail by the trial court on December 14 last year, observing that it sees nothing to enlarge him on bail.

“Considering the conduct of the accused Shahrukh Pathan in jail during his judicial custody, his conduct prior to his being arrested, conduct during court proceedings and most importantly, the allegations against the accused which are being supported by the eye- witnesses and also the video footage, on any of the counts on which bail can be considered, the Court sees nothing to set him enlarged on bail,” the trial court had said.

The judge had observed that a video which was shot by a journalist during the riots, which also got viral on social media, showed Shahrukh Pathan firing at the head constable at the time and place of the incident.

Furthermore, the court had also said that the conduct of Shahrukh Pathan, according to the jail footage, and the recovery of the mobile phone from him was “completely unsatisfactory.”

The FIR was registered at Jafrabad police station under Sections 147 (rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 153­A (Promoting enmity between different groups on grounds of religion etc), 186 (Obstructing public servant in discharge of public functions), 188 (Disobedience to an order lawfully promulgated by a public servant) 307 (Attempt to murder), 353 (Assault or criminal force to deter public servant from discharge of his duty), 505 (Statements conducing to public mischief), 120­B (Criminal conspiracy) and 34 (common intention) of IPC along with Section 27 (Punishment for using arms, etc) of Arms Act.

The trial court in December 2021 framed charges against Pathan and other accused in the FIR. It had also convicted a man for harbouring Shahrukh Pathan under Section 216 of IPC after he had voluntarily pleaded guilty to the charge framed against him.

Title: Shahrukh Pathan v. State