Delhi Riots: Hard To Believe A Communal Riot Used To Cause Death Of Person Of Their Own Community: Delhi HC Grants Bail To 3 Men Arrested In Shahid Murder Case

The Delhi High Court on Friday granted bail to three accused persons namely Junaid, Chand Mohd. and Irshad arrested for killing one Shahid who had sustained gunshot injury on 24th February 2020 during the Delhi Riots. Delhi Police had effected the arrest under FIR No. 84/2020 registered at Dayal Pur Police Station.

Justice Suresh Kumar Kait granted bail to the three accused persons vide a common order.

"Neither there was any motive whatsoever either for them or for any other person allegedly present on the roof of Saptarishi building, to commit the offence, nor has the prosecution alleged any motive in the entire case. Thus, it is hard to believe that a communal riot can be used by the petitioners to cause death of the person of their own community." ,said the Court.

On the fateful day of 24th February 2020, incidents of stone pelting and rioting were reported at the north east Delhi areas at around 3 PM.

It was alleged by the police that a Hindu mob being pro CAA started pelting stones at the Muslim Community, forcing them to retreat. Thereafter, Muslim rioters were concentrated towards the Muslim dominated Chandbagh area, while the Hindu rioters were present towards the Yamuna Vihar area.

In one such incident, the mobs started taking over the rooftop area of various buildings. Mohan Nursing Home was occupied by some of the rioters whereas the Muslim mob took over Saptarishi, Ispat and Alloy Private Limited buildings.

It was the case of the petitioners that the police had arrested them only on the basis of statements of eye witnesses who alleged that they were part of the unlawful mob which had illegally overtook the Saptarishi building after getting it evacuated forcefully from the actual inhabitants and had also broken the CCTV camera.

Accordingly, the petitioners were arrested after their CAF, Call Data Records and mobile phone were found active at the crime scene.

The Court while dealing with the facts of the case, relied on the judgment of the Delhi High Court in Raiees Khan vs State of NCT Delhi, wherein the Court had granted bail to another co accused in the case. The said judgment also raised similar questions as to the issue of delay of registration of FIR, false implication of the accused and failure to perform TIP exercise.

While the Court was of the view that the facts of the case were similarly circumstanced with that of the aforesaid judgment, the Court further analyzed the post mortem report of the deceased, Shahid.

While doing so, the Court observed that there was no blackening, singeing or tattooing seen around the wound which established the fact that neither it was a contact wound, nor a short-distance wound. The Court also noted that the Police had used to word "possibility" in the chargesheet indicating the chance of gunshot fired from the said building.

"Because they are not sure that from where this gunshot injury came then how can they be sure that it is a close-range shot when they are already mentioning that this is a "possibility" but not a surety or certainty." Court observed.

"The theory of close-range shot is just a conjecture of the investigating agency and is not based on scientific fact. Simply because copper like pieces were found near the exit wound of the body, as per the post-mortem report, it would not signify a close-range shot. But it was only on this basis, the investigating agency concluded that the "firing was possibly from close proximity", which is not scientifically possible." The Court opined.

The Court therefore after concluding that there was no direct, circumstantial or forensic evidence against the accused persons, granted them bail. Moreover the Court also observed that there was no recovery, either of firearm or of any other weapon was obtained from the petitioners.

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