"Not An Ordinary Case Of Individuals Committing An Unlawful Act": Court Frames Charges Against Shahrukh Pathan, Who Pointed Gun At Cop During Delhi Riots

A Delhi Court on Tuesday framed charges against Shahrukh Pathan, the man who pointed a gun at a policeman during the North East Delhi riots observing that it was not an ordinary case of individuals or groups committing an unlawful act.

The FIR related to an incident wherein Pathan was captured pointing a gun on a policeman, pictures of which had gone viral on the Social Media and internet.

Additional Sessions Judge Amitabh Rawat framed charges against Pathan and three others namely Shamim, Abdul Shehzad and Ishtiyaq Malik under sec. 147, 148, 186, 188, 353/l, 307 IPC read with sec. 149 of the IPC. Pathan has additionally been charged under sec. 25 & 27 Arms Act. Other accused namely Kaleem Ahmed was charged under sec. 216 IPC.

Pathan was booked in FIR 51/2020 registered at Jafrabad police station. It involves charges 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.

"From the statement of HC Deepak Dahiya, it is quite apparent that accused Shahrukh Pathan led a group of rioters who formed an unlawful assembly at 66 Foota Road on 24.02.2020 at about 2.00 PM and fully armed with deadly weapons, committed rioting, attempt on the life of HC Deepak Dahiya, obstructed a public servant in discharge of his public functions and assaulted or used criminal force on a public servant to deter the public servant from discharge of his duty," the Court said.

The Court added that not only was there a specific statement of complainant HC Deepak Dahiya implicating Pathan but there was additional electronic evidence in the form of video footage to nail his conduct.

"Usually after firing or pulling of the trigger, there is a jerk and the hands and the pistol is raised up because of the jerk. Thus, even the video shows firing by accused Shahrukh Pathan from pistol in daylight with an aim to kill HC Deepak Dahiya. This is enough for framing the charge against the accused Shahrukh Pathan under Section 307 IPC," the Judge added.

"It is not an ordinary case of individuals or groups committing an unlawful act. The judgment relied upon is in the context of a landlord not asking for verification of the tenant. These riots are of such a nature as has not been witnessed since the Sikh Riots of 1984. There is an order under Section 144 Cr.P.C duly issued in the face of protest against Citizenship Amendment Act and the consequential riots. The knowledge can be presumed in such like cases," the Court said further.

Recently, dealing with an application filed by Lockup Incharge stating that Pathan refused to board in jail van saying that he will go in a separate van only, the Court had said that Pathan cannot dictate as to how he should be brought in Court.

Case Title: State v. Shahrukh Pathan

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