Scribes ID'ed him pointing gun at cop, rioting; also a flight-risk: Court denies bail to Shahrukh Pathan

New Delhi: Noting that "he has been duly identified by a journalist as being a participant in the riots which speaks volumes about his involvement and conduct on the said day," a Delhi court on Monday rejected an interim bail plea moved by Shahrukh Pathan in connection with his alleged role in the north-east Delhi riots this February.

Pathan was part of a viral video shot during the riots where he could be seen brandishing a pistol towards an unarmed Delhi Police head constable deployed near the Jafrabad Metro Station on February 24.

The court's observation came while hearing the interim bail application moved by Pathan on the grounds of taking care of his mother who had to undergo a surgical operation on November 10. He had earlier moved a plea in the high court on similar grounds of his father, Sabir Ali, which was dismissed on May 5 while his another regular bail application was dismissed by a local court here on May 8.

In his order, Additional Sessions Judge Amitabh Rawat noted, "…when the clashes happened on February 24 near Jafrabad Metro Station and heavy stone pelting and fire occurred, as per prosecution, the applicant Shahrukh Pathan was caught brandishing a pistol with the temerity of firing and pointing it at police personnel HC Deepak Dahiya, who was deputed on that day for law and order arrangements."

"His picture, as recorded by the brave journalist Saurabh Trivedi, Sr. Reporter, The Hindu, speaks volumes about the involvement and conduct of the accused on the said date. Thus, the gravity in the present case is sufficient to deny any benefit of interim bail to the accused," read the

order.

ASJ Rawat also stated that it is important to note the conduct of the accused in the present case. "After the incident on February 24, he absconded…the applicant was arrested by the team of Crime Branch on March 3 from Shamli Bus Stand in U.P. on the basis of secret information," he observed. He also noted that one Kaleen, who had given Pathan shelter after he absconded from Delhi, was initially untraceable but was later on arrested.

Advocate Sunil Mehta, representing Pathan, argued that his client was trying to pacify the violence but after being attacked with stones, he rushed to seek shelter. However, after not getting a place to hide, he fired from a weapon, given to him by an unknown person, in self-defense and did not intend to harm anyone.

"Going by the conduct of the accused and the manner in which he absconded and was arrested later on, suggests that he is a flight risk," the court said while noting that his mother can be taken care of by his father and relatives. The court also rejected Pathan's bail plea, moved on similar grounds, in another riots case, on Tuesday.