Bystanders cannot be ‘picked up’ as part of mob: Delhi HC on Turkman Gate violence

The Delhi High Court on Friday orally observed that bystanders cannot be “picked up” for being part of the mob that indulged in stone pelting during a demolition exercise near the Faiz-e-Elahi mosque in Turkman Gate last month.

Justice Prateek Jalan made the observation while dealing with a plea for anticipatory bail by a person accused of instigating the crowd.

The court asked Delhi Police to submit a status report in response to the plea for pre-arrest bail by Sajid Iqbal, detailing the specific role played by him along with video evidence.

The prosecution counsel said the agency was looking into a “deeper conspiracy” in the case, and said the accused had removed police barricades and instigated the crowd.

Justice Jalan, who was shown a video of the incident, asked the police to submit the video on record with proper timestamps, stating that even if the petitioner was part of the mob, his specific role in the unrest had to be considered.

“If the video material shows that he is instigating, you are right. If he is simply passing by, you are not right. If you are picking up everyone in that area, that will not be permitted,” observed the court and listed the matter for further hearing next week.

The petitioner’s lawyer asserted that he was not part of the mob that had indulged in stone pelting. The defence counsel said the petitioner was returning from the house of a relative when he was pushed into the mob.

The trial court had dismissed the petitioner’s anticipatory bail plea on January 21, holding that the investigation was at a preliminary stage. Based on video footage, the court had observed that he appeared to be gathering the crowd, and there was no reason for him to be present there and remove the barricade.

The case pertains to violence during an anti-encroachment drive near the mosque in Ramlila Maidan on the intervening night of January 6 and 7.

The police said rumours were spread on social media that the mosque opposite Turkman Gate was being demolished, prompting people to gather at the spot. They added that around 150-200 people hurled stones and glass bottles at the police and civic corporation personnel, injuring six policemen, including the area’s Station House Officer.