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Observing that there is no evidence like CCTV footage, video clips or photos to connect them with the incident of rioting, the Delhi High Court Tuesday granted bail to four accused persons in a case connected to the Northeast Delhi riots, which had claimed 53 lives last year.
“Prima facie I am of the opinion that petitioners cannot be made to languish behind bars for a longer time and the veracity of allegations levelled against them can be tested during trial,” said the court.
Questioning the role of Delhi Police in the case registered at Khajuri Khas police station, Justice Suresh Kumar Kait further said in the order, “The statement of another eyewitness, constable Sangram, was recorded on 23.04.2020 and this court fails to understand why, despite having good understanding of law and order, a police official who is witness to riots would neither call PCR nor will he make a DD entry in this regard.”
The accused — Liyakat Ali , Arshad Qayyum, Gulfam and Irshad — were arrested in March last year. They are accused of rioting, burning vehicles and committing robbery at a marriage ceremony in Khajuri Khas’s Main Karawal Nagar area on February 24. During the hearing of the bail pleas, police had argued that the suspended AAP councillor Tahir Hussain along with the petitioners and other accused had instigated the riots and the incident was part of a “deep routed and pre-devised strategy”.
Observing that none of the accused have been particularly named in the FIR, the court said that none of the eyewitnesses had made any PCR call nor any DD entry was made. The incident took place on February 24, but the FIR was registered on February 27 and the statement of eyewitness was recorded on March 14, noted the court.
“It is not disputed that the call detail record of prime accused Tahir Hussain does not match with those of petitioners. Moreover, there is no evidence against the petitioners such as CCTV footage, video clips or photos to connect them with the incident in question and nothing incriminating has been recovered from their possession,” said the court.
The court also said the chargesheet in the case has already been filed and the trial is in progress.
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