Police chargesheet lone man in three rioting cases; court asks how one man can be 'unlawful assembly'

new delhi: A Delhi court on Monday came down heavily on the Delhi Police for wanting to continue the custody of a man — Noor Mohd — the lone accused in three cases of rioting and vandalising shops in Khajuri Khas, after it noted that the police had not identified anyone else in these three cases and asked how one man can constitute an "unlawful assembly".

Additional Sessions Judge Vinod Yadav granted bail to the accused in all three cases and said the investigation agency was "blowing the trumpet" by saying that the probe in these cases was underway and the remaining persons of the "unlawful assembly" had to be identified.

The court granted bail to Noor Mohd on furnishing a bail bond of Rs 20,000 with one surety each in the three cases related to the north-east Delhi riots this February, which killed at least 53 people and injured over 500.

The incidents took place on February 24 and to date, besides Noor, the police has not been able to identify any other member of the "so-called unlawful assembly", the court said, adding that he cannot be incarcerated in jail for infinity just on the grounds that the investigation of the cases was on.

"It is noteworthy that in all the three cases in hand, only a single accused, that is, the applicant (Noor) has been chargesheeted... The identification of applicant by police witnesses is hardly of any consequence to the prosecution," the court said.

The court added that there was no electronic evidence available against Noor, either in the form of any CCTV footage or his call data record location, which could prima facie show his presence at the scene of the crime on the date of the incident.

In its separate but similar orders in the three cases, the court said: "The investigating agency is blowing the trumpet that investigation of the cases are underway and remaining persons of the 'unlawful assembly' have to be identified and arrested in the matter.

It further said it also does not appeal to the senses that initially the three complainants, which became the basis for registration of FIRs in the cases, did not specifically name Noor Mohd, but later, after about 40 days of the incidents, all of them identified him in Police Station Khajuri Khas.

It directed him not to tamper with evidence and to install the "Aarogya Setu" app on his mobile phone.

The court, however, clarified that anything stated in the order should not be construed as expressing any opinion on the final merits of the cases, as they were at "pre cognizance/pre committal stage".

It had earlier granted him bail in three other cases related to rioting in the Khajuri Khas area.