Case BriefsHigh Courts

Delhi High Court: Anup Jairam Bhambhani, J., granted bail to an accused involved in the Delhi-Riots in view of the principles of bail.

Applicant accused for offences under Sections 147, 148, 149, 427 and 436 of the Penal Code, 1860. Applicant has been in judicial custody since 03-04-2020 till date.

By the present application, bail has been sought.

An FIR was registered in February, wherein according to the police, a mob engaged in rioting and destruction of property in certain areas of North-East Delhi during which the property of Mohd. Shanawaz  was burnt down, whereupon he file a complaint around 10 days after the incident.

State alleged that the applicant was one of the persons involved in arson and rioting as stated above and the same is the reason for him being in judicial custody.

4 more cases have been listed wherein the applicant was implicated and all the cases arose from the episodes of rioting that happened in North-East Delhi in February 2020.

While opposing the bail, Amit Prasad, SPP and Tarang Srivastava, APP submitted that the applicant’s identity and presence stands confirmed by the snapshot/video-graphs of the CCTV footage from Rajdhani Public School as well as from the applicant’s own cellphone.

Applicant’s CDRs also confirmed his location at the scene of the crime at the relevant time; that the complainant’s statements also point to the involvement of the applicant; and that in his statement Ct. Vikas has in fact identified the applicant.

“Court considered the effect of Pre-trial detention has on an accused, especially on his right to brief and consult his lawyers and to prepare his defence, in order to afford to the accused a real and not merely chimerical right to fair trial, as guaranteed under Article 21 of the Constitution.”

Hence, in view of the above and applying the law and principles of bail granted regular bail subject to the following conditions:

  • Personal Bond shall be furnished of Rs 50,000 with two sureties.
  • Applicant shall not leave the National Capital Region without Court’s permission.
  • Applicant shall present himself on every alternate Saturday between 11 am and 11:30 am before the Investigating Officer.
  • Applicant shall furnish to the Investigating Officer/SHO a cellphone number on which the applicant may be contacted at any time.
  • If the applicant has a passport, he shall surrender the same to the Trial Court.
  • Applicant shall not contact, nor visit, nor offer any inducement, threat or promise to the first informant/complainant or to any of the prosecution witnesses.

In view of the above, application was disposed of. [Mohd. Anwar v. State of (NCT) Delhi, 2020 SCC OnLine Del 900, decided on 04-08-2020]

Hot Off The PressNews

As reported by ANI, Lieutenant Governor of Delhi has appointed SG Tushar Mehta, Addl. solicitor General  MK Acharya and two other Advocates to represent Delhi Police in regard to the recent violence and riots that occurred in North-East Delhi.

Delhi Police has registered 18 FIRs and 106 people have been arrested for creating violence.

Also read:

[Delhi Violence] | Del HC | “We cannot let another 1984 happen in this country; Not under the watch of this Court”; Ensure safe passage for bodies of victims who died in riots

Del HC | [Delhi Riots] [Midnight Hearing] Delhi Police directed to ensure safe passage for injured victims & immediate emergency treatment at govt. hospitals

[Source: ANI]

Case BriefsHigh Courts

Delhi High Court: A Division Bench of S. Muralidhar and Anup Jairam Bhambhani, JJ., in pursuance to the mid-night hearing, was informed by Advocate Suroor Mandel that the injured riot victims were able to be taken to Government Hospitals and the Order given by the Bench earlier had a positive effect.

Further, Court heard the issues that required immediate attention by Rahul Mehra, Standing Counsel for Delhi Police and Sanjay Ghose, Standing Counsel for GNCTD.

Following issues required attention of the Court:

  • Safe passage for bodies of victims who have died in riots with proper information being provided to friends and bodies to be taken with utmost dignity – Court has asked the police to work out the modalities in consultation with relatives.
  • Setting up of help lines and help desks – Special Commissioner of Police, Mr Praveer Ranjan assures the Court that it will immediately look into this aspect and ensure that adequate number of help lines and help desks are set up.
  • Fire services and Ambulances reaching the spot in time. – The same shall be taken care by the police in coordination with the Director of Fire Services and Secretary (Health), GNCTD.
  • Victims have left their homes due to riots and many had to leave their dwellings and are afraid to return till the situation is under control — They should be given some kind of assurance that they would be safe in their homes. GNCTD will on war footing ensure that adequate numbers of shelter are set up to provide rehabilitation to displaced victims.

Another concern expressed is that of post-mortem reports and medico-legal certificates copies to be provided to the victims, for which Mr Mehra states that all efforts will be made to ensure that it is done strictly in accordance with law and relevant document is provided to kin of the dead or injured.

Court proposes to appoint Advocate Zubeda Begum as Amicus Curiae to act as Nodal Officer of Court to co-ordinate between victims and various agencies.

To address the urgent needs of the time designated ‘Night Magistrates’ should be available.

In addition to the above, Court also directed Secretaries of District Legal Services Authorities (DLSAs) to ensure that their help lines work 24*7 for the next 2 weeks.

To deal with post-traumatic stress disorder and any other needs, Director, Institute of Human Behaviour and Allied Sciences will also be provided sufficient number of qualified professionals in order to cater to the needs of riot victims.

The matter has been listed for 28-02-2020 [Rahul Roy v. Govt. (NCT of Delhi), WP (Crl.) No. 566 of 2020, decided on 26-02-2020]

As reported by ANI, 

Delhi High Court during the hearing regarding the violence caused in North-East Delhi, stated that the Chief Minister and Deputy CM should also visit the affected areas for confidence-building among people. This is the time to reach out.

Standing Counsel stated that due to the violence there is an official confirmation on 17 deaths due to violence in North East Delhi.

Justice S Muralidhar ordered the court master to play video clip in which BJP leader Kapil Sharma allegedly made an inflammatory speech.

Further, the bench stated that all injured police personnel should be treated with utmost urgency.

Court also asks the highest functionaries in state and central government to personally meet the victims and their families.

Direction to set up helplines for immediate help for victims, private ambulances to be provided for safe passage of victims has been given along with the set up of shelters for rehabilitation along with basic facilities.

Bench with regard to the CBSE Board Examination Centre has asked the board to take a decision on the same by 5 P.M. Today.

Advocate Zubeda Begum has been appointed to act as amicus curiae between the victims and agencies. [PTI]

Court also inquires about the name of the officer who was seen in BJP leader Kapil Mishra’s video clip.

On the plea of deployment of Army in the violence-affected areas, court says ‘We don’t want to enter into the question of deployment of Army. We should focus on the issue of registration of FIR right now.’

Police asked to take a conscious decision on lodging of FIRs and convey it to the court. [PTI]

The court adjourns the matter for tomorrow and states that the authorities must go strictly by the mandate of the law.