Denying bail to eight accused in the Jahangirpuri violence case, the Delhi court observed that instead of stopping the illegal procession, which did not have permission, police accompanied it.
The court on Saturday had also said, “The issue seems to have been simply brushed aside by the senior officers.”
Communal violence had broken out in the Jahangirpuri area on April 16, 2022, during the Hanuman Jayanti procession.
Additional Sessions Judge Gagandeep Singh of Rohini Court while denying bail to accused persons observed that any complicity by police also requires to be investigated. A copy of this order is to be sent to the worthy commissioner of Police for information and remedial compliance, the court order stated.
The court observed, “It is fairly admitted on behalf of the State that the last procession which was passing through during which the unfortunate riots took place was illegal having no prior permission from police”.
“If that was the situation, then the contents of the FIR itself, show that the local staff of police station of Jahangir Puri, led by Inspector Rajiv Ranjan as well as other officials for DCP reserve were accompanying the said illegal procession on its route instead of stopping it,” the court said.
It further observed, “It appears that local police instead of performing their duty in stopping the said illegal procession at the beginning itself and dispersing the crowd, was accompanying them to the entire route which later on led to unfortunate riots between the two communities.”
The court said, “It prima facie reflects the utter failure on the part of local Police in stopping the said procession having no permission. The issue seems to have been simply brushed aside by the senior officers. The liability on the part of the concerned officials needs to be fixed so that in future no such incident takes place and the police are not complacent in preventing the illegal activities. Their complicity, if any, also needs to be investigated.”
The court made the observations by dismissing the bail pleas of eight accused namely, Imteyaz, Noor Alam, Sheikh Hamid, Ahmed Ali, Sheikh Hamid, SK Sahahada, Sheikh Zakir and Ahir, observing that the apprehension of threat or influencing the witnesses cannot be ruled out.
It also noted that the apprehension has been expressed by the prosecution that the public witnesses will not come forward as the rioters are known criminals of the area. Therefore, the apprehension of threatening/influencing the witnesses cannot be ruled out at this stage, if the accused is enlarged on bail at this stage. The charge sheet is yet to be filed. The allegations are serious against the accused.
It was submitted by the Chief Public Prosecutor Maqsood Ahmed that on the day of the incident, three processions were carried out in the area of Jahangir Puri celebrating the Hanuman Jayanti.
The last procession did not have any permission and while the said procession was passing through, the unfortunate riots between two communities took place. The investigation is still at the initial stage and witnesses are regularly receiving threats.
He also submitted that the other witnesses are being motivated to come forward to give their version, but they are not coming forward as the accused and other culprits are known criminals of the area.
These accused were arrested on April 17, 2022, on the basis of CCTV footage and statements of eyewitnesses.
On April 16, 2022, the rioters allegedly caused injuries to eight police personnel including SI Meda Lal who sustained a bullet injury in his left forearm. During the investigation, around 30 persons were arrested and three minors were apprehended.
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