Delhi Court Frames Charges Against Shahrukh Pathan In A Delhi Riots Case; Discharges Him Under Arms Act

A Delhi Court has framed charges against 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)

However, the Court discharged him of the offences under the Arms Act.

Additional Sessions Judge Amitabh Rawat framed charges against Pathan, Salman, Gulfam, Aatir and Osama 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.

The matter will now come up for prosecution evidence on January 21, 2022.

Pathan was recently denied bail in the matter after the Court was of the view that the CCTV footage of a nearby camera installed at the relevant location showed his presence in the riotous mob.

The Court had added that even according to his call detail record location, it was established that he was present at the spot. Pathan was also identified by Head Constable Deepak Dahiya in the case.

The Judge had also framed charges against Pathan, in another FIR relating to an incident wherein Pathan was captured pointing a gun on a policeman, pictures of which had gone viral on Social Media.

The Court had observed that it was not an ordinary case of individuals or groups committing an unlawful act.

Advocate Khalid Akhtar appeared on behalf of Pathan in the matter.

Case Title: State v. Salman & Ors.