Shahrukh Pathan Alleges Assault By Jail Officials, Delhi High Court Asks Him To Approach Trial Court For Early Hearing

The Delhi High Court Thursday asked Shahrukh Pathan, accused in 2020 Northeast Delhi riots cases, to move an application before trial court for advancing the hearing of his petition alleging that he was attacked and assaulted by jail officials.

Justice Amit Sharma, who was hearing a similar petition moved by Pathan, said that since a plea has already been moved before trial court, it would be appropriate if an application is moved seeking early hearing before the concerned court.

Advocate Khalid Akhtar appearing for Pathan submitted that the trial court has listed the matter for hearing on February 28, without passing an order or direction that relevant CCTV footage be preserved or produced.

“There was no order to the effect that some adequate safety measures be provided to him,” he added.

Hearing the counsel, Justice Sharma orally remarked: “You move an application for early hearing before trial court. If nothing happens, we will see. We will give you the liberty.”

The plea was thus withdrawn after the court granted liberty to Pathan for moving an application before trial court for advancing the hearing of his pending plea.

Though Pathan is an accused in various cases registered during the riots, the petition in question was moved in FIR 51/2020, relating 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.

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

Citation: 2023 LiveLaw (Del) 132