[Jahangirpuri Riots] 'Appears To Be Of A Phishing Kind': High Court Dismisses Plea By Accused Alleging Harassment By Delhi Police

The Delhi High Court has dismissed a plea filed by an accused in connection with the Jahangirpuri riots seeking directions on the city police not to harass him and his family members in the name of interrogation.

The plea was filed by one Sheikh Ishrafil, who is alleged by the prosecution to be one of the main conspirators and perpetrators of the entire incident, thereby adding that he was evading the process of law. His eldest son was sent to judicial custody, on allegations of being involved in the riots.

Justice Asha Menon rejected his plea while observing that the petition appeared to be of a phishing kind, seeking anticipatory bail, in the garb of directions to the police not to harass him and his family.

"In the light of the facts and circumstances, as noted hereinabove, this does not appear to be a case in which the police have contacted the petitioner and his family only with ill-motives to harass them. The police have to find out who were the perpetrators of the various offences committed on 16th April, 2022 and as a citizen of this country, it is only to be expected that while the petitioner seeks enforcement of his Fundamental Rights, he would also do his duties and help the police resolve the crime and apprehend the perpetrators," the Court said.

Clashes had broken out in April in city's Jahangirpuri area during a Hanuman Jayanti procession.

It was the case of the petitioner that the police were coming to his residence under the cover of investigations and were subjecting him and his family to harassment. It was also submitted that his father had expired on 14th April, 2022 and according to Muslim rites and customs, Teeja of his late father was performed on 16th April, 2022, the day when the riots erupted in the national capital. It was thus argued that the entire petitioner's family, including his five sons, were involved in these rites.

On the other hand, the State submitted that while it had apprehended some of the accused persons, some others were absconding, including the petitioner and his son and that NBWs were issued against them.

It was the case of the prosecution that the petitioner had spread the message amongst the local residents and his community to accumulate stones, brick-pieces, glass bottles, swords and other arms, to be used at an appropriate time.

The State argued that the petitioner had hatched deep conspiracy to disturb the communal harmony of the country. It was further submitted that the FSL team found bricks, glass, ceramic pieces, and seized them from the terrace belonging to the petitioner, apart from other places. It was added that in the garb of the petition, the petitioner was actually seeking anticipatory bail, which was not permissible.

The Court thus found no reason to issue any directions in exercise of its powers under Article 226 in view of the Status Report filed by the State disclosing that the police were only investigating into the offences committed for which an FIR was registered.

"In these facts and circumstances, it is evident that the petitioner has moved this petition to thwart investigations. The court cannot allow itself to be used in such a fashion, which may lead to interference with the investigations, and which has been always frowned upon by the courts," it observed.

Accordingly, the plea was dismissed.

Case Title: SHEIKH ISHRAFIL v. STATE (NCT) OF DELHI & ORS.

Citation: 2022 LiveLaw (Del) 531

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