Tag: riots

BJP’s Hindutva seeks to engineer riots between Hindus & Muslims: Sena (UBT) publication

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Mumbai: In a scathing attack on the Bharatiya Janata Party over the issue of Hindutva, the Shiv Sena (Uddhav Balasaheb Thackeray) on Wednesday said the BJP’s version of the ideology seeks to “engineer” riots between Hindus and Muslims, and then reap political benefits out of them.
The Uddhav Thackeray-led outfit maintained its former ally has found love for the Muslim community ahead of the 2024 Lok Sabha polls.
In an editorial in its mouthpiece ‘Saamana’, the Shiv Sena (UBT) said the national saffron party reaches out to the minority community by wearing the “veil of secularism” when elections are around the corner.

The Marathi daily alleged the Asaduddin Owaisi-led All India Majlis-E-Ittehadul Muslimeen (AIMIM) works as ‘B’ and ‘C’ teams of the BJP.
“The 2024 (Lok Sabha) polls are around the corner which is why the BJP has found love for the Muslim community. Will his love last for a year till the elections or will it stop after that? Their Hindutva is to engineer riots between Hindus and Muslims, and then reap political benefits out of them,” said the editorial.
Hindu-Muslim polarisation is their traditional modus operandi and reaping political benefits out of it is the BJP’s “real face”, the Opposition party alleged.
The Shiv Sena (UBT) publication dubbed the BJP as “hypocrite”.
The Opposition party’s attack on the BJP comes days after Maharashtra Chief Minister Eknath Shinde, a key ally of the national party, visited Ayodhya along with his party MLAs and leaders.

Deputy Chief Minister Devendra Fadnavis, a senior BJP leader, had accompanied Shinde during the Sunday visit to the temple town in Uttar Pradesh.
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#BJPs #Hindutva #seeks #engineer #riots #Hindus #Muslims #Sena #UBT #publication
( With inputs from www.siasat.com )

April 12, 2023
2020 Delhi riots: Court acquits father-son duo of rioting, arson charges in 2 cases

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New Delhi: A court here has acquitted a father-son duo of the charges of rioting and arson during the 2020 North East Delhi communal conflagration, saying there was no incriminating evidence against them.
Additional Sessions Judge Pulastya Pramachala was hearing two cases pertaining to the 2020 riots based on three complaints against Mithhan Singh and his son Jony Kumar.
According to the prosecution, the duo was part of a riotous mob that set ablaze houses, including those of the complainants, after identifying the properties of people from a particular community, in lane number 29 of Khajuri Khas on February 25.

“…Both both accused are hereby acquitted of all the charges levelled against them in this case,” ASJ Pramachala said in the judgments passed on Monday.
In both orders, the judge noted citing prosecution witnesses that though the presence of an unlawful assembly which engaged in rioting, vandalism and arson was established, they did not identify the duo.
“Hence, it was realised that there was no incriminating evidence at all against both the accused persons, so as to seek any explanation from them,” the judge said.
The Khajuri Khas police station had filed charge sheets against the two for various offences under the Indian Penal Code, including rioting and mischief by fire or explosive substance with intent to destroy house, etc.

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#Delhi #riots #Court #acquits #fatherson #duo #rioting #arson #charges #cases
( With inputs from www.siasat.com )

April 12, 2023
Post Iftar party in Bihar, Owaisi takes dig at Nitish, Tejashwi over riots

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Patna: A day after Iftar party held at former chief minister Rabri Devi’s residence in Patna, AIMIM chief Asaduddin Owaisi lashed out at Chief Minister Nitish Kumar and his deputy Tejashwi Yadav.
He said that they (Nitish, Tejashwi) are busy in fancy dress competition while police are taking action against Muslim youths in riots case.
Referring to communal violence in Sasaram and Biharsharif, Owaisi claimed that Nitish Kumar government is taking one sided action against youths of Muslim community and arresting them.

“Following the communal violence in Sasaram and Biharsharif, the Nitish-Tejashwi government is sending the people of Muslim community to jail instead of rioters of Hindu community. Bihar Police are taking harsh action against Muslim youths and the ‘secular’ chief minister and deputy chief minister are busy in fancy dress competition,” Owaisi said in a tweet.
पवित्र रमजान के महीने में आज आवास पर आयोजित दावत-ए-इफ़्तार में आमंत्रित रोजेदारों व अतिथियों के साथ सामूहिक दुआ में सम्मिलित होकर राज्य की तरक्की, खुशहाली, प्रगति, अमन-चैन, आपसी भाईचारे एवं मोहब्बत के लिए परवरदिगार से दुआएं की। pic.twitter.com/QYRt8ZetwU
— Tejashwi Yadav (@yadavtejashwi) April 9, 2023
Nitish Kumar attended the Iftar party at Rabri Devi’s residence on Sunday. During the occasion, Tejashwi Yadav was wearing a Pathan suit while Nitish Kumar wore a shawl and cap.
Bihar Police have registered 15 FIRs against 104 persons form both the communities and arrested 100 so far. Bihar Police also arrested five persons for their alleged involvement in uploading provocative contents on social media during Ram Navami.
The officials claimed that due to provocative texts, audio and video contents, communal riots flared up in Biharsharif.
VIDEO | AIMIM chief Asaduddin Owaisi holds Nitish Kumar government responsible for violence in Bihar during Ram Navami, demands compensation for victims pic.twitter.com/VRf8TkNlf8
— Press Trust of India (@PTI_News) April 10, 2023
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#Post #Iftar #party #Bihar #Owaisi #takes #dig #Nitish #Tejashwi #riots
( With inputs from www.siasat.com )

April 10, 2023
Delhi riots: Investigating Officer playing hide and seek, says court

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New Delhi: A Delhi court hearing a case of the 2020 northeast Delhi riots has deprecated the conduct of an investigating officer (IO), saying the police official was playing a game of hide and seek with the court and trying to mislead it.
Additional Sessions Judge Pulastya Pramachala, while hearing arguments on charges in a case registered by Dayalpur police station against three accused, noted in addition to the first information report (FIR) the case pertained to four complaints.
The judge said one of the complaints by Farooq Ahmad mentioned two separate alleged incidents on the intervening night of February 25 and 26, while the FIR was regarding a rioting incident around 9.50 am on February 25 in front of Victoria Public School on Main Wazirabad road.

“Due to the clubbing of several incidents in one chargesheet, it had been a matter of deliberation by the court time and again, so as to have a clear-cut picture in order to decide within the parameters of law for what allegations the charges are to be decided,” the judge said in a recent order.
The judge noted the IO’s earlier statement before the court, according to which the alleged incidents pertaining to Ahmad’s complaint would be separately investigated, and a separate report regarding the same would be filed.
The judge said after the court directed him to file a status report in September last year, the IO did not submit the report, and when confronted again, the police official informed the court that no separate FIR was registered, and that “some investigation” was being conducted.
“I fail to understand, under which particular law and following which particular procedure of law, such investigation is going on, without resorting to Section 154 of the code of criminal procedure (CrPC)…,” the judge said.
Section 154 of the CrPC provides for registration of an FIR if the information discloses the commission of a cognizable offence.

The judge further said, “Moreover, from the conduct of IO, it is well apparent that till date he had been trying to play a game of hide and seek from this court and to mislead the court in respect of proposed actions.”
ASJ Pramachala said the complaint regarding the alleged rioting incident was still awaiting investigation by adopting the due process of law.
“I do not wish to speculate any final reason behind such inaction over the aforesaid complaint, because it shall be a matter of internal inquiry and assessment of investigating agency ie, Delhi Police,” the judge said.
“Hence, this matter requires serious attention from the higher officers, not only to take appropriate legal action on the pending complaint but also to make an assessment of the conduct of the IO so far,” the judge added.
Seeking certain clarifications from the prosecution, including why the alleged incident which occurred prior in time was clubbed with this case, the court posted the matter for further proceedings on May 22.
Directing a copy of the order be sent to the deputy commissioner of police (northeast) for “necessary action,” the court said a report was expected from the police officer regarding its observations.
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#Delhi #riots #Investigating #Officer #playing #hide #seek #court
( With inputs from www.siasat.com )

April 6, 2023
Bihar riots were orchestrated, culprits will be exposed soon: Nitish

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Patna: With the dust settling on communal disturbances in Bihar, Chief Minister Nitish Kumar on Wednesday rejected charges of administrative laxity and vented spleen against Union Home Minister Amit Shah and the BJP, vowing to expose those who had “orchestrated” the riots.
The JD(U) leader also lambasted AIMIM chief Asaduddin Owaisi, calling him an “agent” of the BJP.
He was replying to queries from journalists on the sidelines of a function organised on the occasion of birth anniversary of former deputy prime minister and Dalit stalwart Jagjivan Ram.

Kumar’s remarks come a day after West Bengal Chief Minister Mamata Banerjee claimed that the BJP was bringing in goons to create riots in her state.
The Bihar CM taunted Shah over the much-publicised “rioters will be hung upside down if BJP comes to power in Bihar” remark at a rally in Nawada district on Sunday, and reminded him of riots “in 2017 when our government had to arrest the son of a BJP leader”.
The allusion was to the riots that broke out during Ram Navami, incidentally in 2018 and not 2017, at Bhagalpur. Union minister Ashwini Kumar Choubey’s son Arijit Shashwat was named among the key accused in the case.
Kumar, who was a minister in the Union Cabinet headed by Atal Bihari Vajpayee, also reminded Shah “how angry Atal ji was”, indirectly referring to the 2002 riots of Gujarat, when Prime Minister Narendra Modi was the chief minister of that state.
About the conflagration that erupted in Sasaram and Bihar Sharif last week, again during Ram Navami, Kumar asserted that there was “no administrative laxity”, but added the riots were “orchestrated” and “those behind the incident will be known soon. Just wait, door to door searches are on”.

“The riots last week were planned thoroughly. No wonder, one of the places, Sasaram, happened to be where he (Amit Shah) was supposed to visit. And the other was Bihar Sharif, a town which is dear to me,” said Kumar, who hails from Nalanda district, where Bihar Sharif is headquartered.
The longest-serving chief minister also expressed anguish that during his stay in Bihar, the Union home minister spoke to the governor over the riots and not to him, saying “these people have no regard for constitutional norms and the sanctity of an elected government”.
“For how long have these people (Modi and Shah) been in politics? And compare it with the time I have spent in active politics,” said the septuagenarian, who also pointed out that unlike his counterparts in many other non-BJP states, he has never had a problem with Raj Bhavan and “always welcomed” whosoever was appointed the governor.
The JD(U) supremo bristled when his attention was drawn to remarks of Owaisi, who has blamed the Mahagathbandhan government for the riots.
“Who is he? Which place does he belong to? What stakes does he have in Bihar?” Kumar shot back, alleging that the Hyderabad MP was “an agent of those in power at Delhi”.
“He (Owaisi) had expressed the desire to meet me when I separated (from the BJP). I refused,” revealed Kumar.
The chief minister, who had earlier said that he will proceed in the direction of forging “opposition unity” once the assembly session, which came to a close on Wednesday evening, was also asked about his plans to tour the country for bring together anti-BJP forces.
“I am making efforts in that direction,” he said.
Meanwhile, both opposition BJP and ruling Mahagathbandhan accused each other for the communal clashes on the last day of the budget session.
Opposition BJP MLAs demonstrated both inside and outside the assembly and one of its legislators had to be marshalled out after he resorted to sloganeering against the government and disrupted the Question Hour.
As soon as the proceedings of the House began, BJP MLAs entered the well and raised slogans against the government, accusing it of not handling the communal clashes effectively.
Leader of Opposition, Vijay Kumar Sinha, also accused the Nitish Kumar government of targetting people belonging to a particular community in the name of handling communal clashes.
Amid the chaos, Speaker Awadh Bihari Chaudhary, allowed state Parliamentary Affairs Minister, Vijay Kumar Choudhary, to make a statement on the issue. BJP members went back to their seats.
However, BJP’s Jibesh Kumar Mishra once again entered the well of the House and started shouting slogans against the government. Finally, Mishra was marshalled out for his alleged unruly behaviour.
The allegations and counter allegations turned sour with both sides accusing each other over communal clashes in several parts of the state during Ramnavami celebrations.
Mishra also stoked controversy by remaining seated when the state anthem was played in the assembly, prompting the ruling Mahagathbandhan to take offence over the action.
Mishra, who represents Jale constituency of Darbhanga district, said he remained seated because the state anthem does not mention 18 districts of the state that are part of the Mithila region.
“The state anthem ‘Mere Bharat Ke Kanth Haar’ does not talk about personalities and the culture of Mithila. It talks about only Nalanda, the home district of the CM. My intention was not to disrespect the state anthem… But it should have been a complete anthem,” Mishra told reporters outside the assembly.
Reacting to Mishra’s action, Bihar Rural Development Minister Shrawan Kumar told reporters, “It was sheer disrespect of the state anthem. His (Mishra’s) act has exposed the mindset of the BJP leaders”.
Both Houses of the Bihar legislature were adjourned sine die after the over one-month-long budget session came to an end on Wednesday.
The Speaker adjourned the assembly after taking up a private members resolution in the post-lunch session.
Meanwhile, CPI (ML) Liberation secretary general Dipankar met the CM on Tuesday evening and alleged that the communal riots “exposed” BJP’s “electoral game plan”.
Dipankar had called on Kumar at the latter’s official residence here.
According to a CPI (ML) Liberation release, Dipankar referred to Shah’s speech at Nawada on Sunday wherein the Union home minister “brazenly called for a mandate for the BJP within hours of communal violence, thereby betraying their electoral game plan”.
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#Bihar #riots #orchestrated #culprits #exposed #Nitish
( With inputs from www.siasat.com )

April 5, 2023
NCERT textbook row: Reference to Gujarat riots dropped from class 11 Sociology book

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New Delhi: A portion referring to the Gujarat riots has been dropped from the class 11 Sociology textbook by NCERT, months after it removed the reference to the 2002 communal violence in two class 12 textbooks.
The purged paragraph from the class 11 textbook was not announced in the curriculum rationalisation booklet notified by the National Council of Educational Research and Training (NCERT) last year.
NCERT Director Dinesh Saklani, however, claimed that the change was approved during the same exercise and it did not find mention in the official notification due to an “oversight”.

In the class 11 Sociology textbook titled “Understanding Society”, the deleted paragraph talked about how class, religion and ethnicities often lead to segregation of residential areas and it then cites the communal violence in Gujarat in 2002 to illustrate how communal violence furthers ghettoisation.
“Where and how people will live in cities is a question that is also filtered through socio-cultural identities. Residential areas in cities all over the world are almost always segregated by class, and often also by race, ethnicity, religion and other such variables. Tensions between such identities both cause these segregation patterns and are also a consequence,” the purged paragraph read.
“For example, in India, communal tensions between religious communities, most commonly Hindus and Muslims, results in the conversion of mixed neighbourhoods into single-community ones. This in turn gives a specific spatial pattern to communal violence whenever it erupts, which again furthers the ‘ghettoisation’ process. This has happened in many cities in India, most recently in Gujarat following the riots of 2002,” it added.
According to Centre’s reply tabled in the Parliament earlier, 790 Muslims and 254 Hindus were killed, 223 were reported missing and 2,500 injured in the Gujarat riots of 2002.
As part of its “syllabus rationalisation” exercise last year, the NCERT, citing “overlapping” and “irrelevant” as reasons, dropped certain portions from the course including lessons on Gujarat riots, Mughal courts, Emergency, Cold War, Naxalite movement, among others from its textbooks.

The council had then announced dropping the Gujarat riots reference in class 12 Political Science and Sociology textbook.
In the class 12 political science textbook, two whole pages on the riots in the chapter titled “Politics in India Since Independence” have been deleted.
The first page carried the chronology of events and refered to the National Human Rights Commission’s criticism of the Gujarat government for failing to control the violence.
“Instances, like in Gujarat, alert us to the dangers involved in using religious sentiments for political purposes. This poses a threat to democratic politics,” the deleted portion read.
The second page carried a collage of three newspaper reports on the riots along with an excerpt of NHRC’s observation from its Annual Report of 2001-2002 on the Gujarat government’s handling of the riots. Former prime minister Atal Bihari Vajpayee’s famous “Raj dharma” remark in this section was also removed.
In the class 12 sociology textbook, NCERT had dropped a paragraph under the section titled “Communalism, Secularism and the Nation-State” which described how communalism “drives people to kill, rape, and loot members of other communities in order to redeem their pride, to protect their home turf”.
Besides the Gujarat riots reference, “Gandhiji’s death had magical effect on communal situation in the country”, “Gandhi’s pursuit of Hindu-Muslim unity provoked Hindu extremists” and “Organisations like RSS were banned for some time” are among the portions missing from the class 12 political science textbook for the new academic session.
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#NCERT #textbook #row #Reference #Gujarat #riots #dropped #class #Sociology #book
( With inputs from www.siasat.com )

April 5, 2023
Muslim man’s murder: 8 granted bail, 1 rejected in 2020 Delhi riots case

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New Delhi: A court here has rejected the bail plea of an accused from whom the mobile phone of a man allegedly killed during the 2020 northeast Delhi riots was recovered, saying the finding was “circumstantial evidence” for the murder charge and “concrete evidence” for the offence of dishonestly receiving property stolen during dacoity.
The court, meanwhile, allowed the bail plea of eight others in the case, saying “concrete and sound evidence” was not found against them.
Additional Sessions Judge Pulastya Pramachala was hearing the bail pleas of Himanshu Thakur, Sahil Babu, Tinku, Sandeep, Vivek Panchal, Pankaj Sharma, Sumit Chaudhary, Prince and Ankit Chaudhary.

According to the prosecution, the accused were part of an unlawful assembly formed on February 25 and 26, 2020 that bludgeoned to death a man named Mursaleen whose body was found floating in a drain near Johripur Tiraha.
“The recovery of the mobile phone of the deceased from Himanshu Thakur and the evidence in the form of call detail record (CDR) to show its use by his family members subsequent to the killing of Mursaleen is a kind of circumstantial evidence in respect of the charge under section 302 (murder) read with section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal code,” the judge said in an order passed on Monday.
ASJ Pramachala said the recovery was also “concrete evidence” for the charge under section 412 ( dishonestly receiving property stolen in the commission of a dacoity) of the IPC.
“Even section 412 is punishable up to life and hence, that charge cannot be treated as a lighter charge In these circumstances, keeping in view the severity of the charges and severity of the punishment provided for the same as well as the additional evidence his bail application is rejected,” the judge said.
The judge said the evidence against Thakur was not the same as the co-applicants for bail and other accused who were granted bail earlier.

Regarding the bail pleas of eight others, the judge said, “I do not find very concrete and sound evidence against the applicants in respect of alleged charges till this stage, and since all the material witnesses have already been examined, on the grounds of parity as well, it will not be appropriate to keep the applicants behind bars till the conclusion of the trial.”
The judge then granted bail to Sahil Babu, Tinku, Sandeep, Vivek Panchal, Pankaj Sharma, Sumit Chaudhary, Prince and Ankit Chaudhary on furnishing a personal bond and surety bond of Rs 30,000 each along with one surety in the like amount.
There are 12 accused in the case of whom co-accused Rishabh Chaudhary and Jatin Sharma were granted bail on March 7.
The prime accused in the case, Lokesh Solanki, was allegedly a member of the Kattar Hindu Ekta’ WhatsApp group.
The name of the WhatsApp group had surfaced in a supplementary charge sheet filed by Delhi Police on September 26, 2020 against nine people for the alleged murder of a man named Hashim Ali during the riots.
According to the charge sheet, ‘Kattar Hindu Ekta’ group was created on February 25 and its alleged aim was to exact revenge for the troubles faced by Hindus and promote enmity between different groups on the ground of religion.
Predecessor ASJ Virender Bhat had discharged the accused in the present case from the charge of criminal conspiracy for allegedly being a member of the group in March last year.
The Gokalpuri police station had filed a charge sheet against the accused persons under various sections of the IPC, including rioting, murder and dacoity.
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#Muslim #mans #murder #granted #bail #rejected #Delhi #riots #case
( With inputs from www.siasat.com )

April 4, 2023
Court charges 4 for rioting, setting mosque on fire in 2020 Delhi riots
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Four men have been charged by the Delhi Court on Saturday for rioting, and setting a mosque ablaze during the 2020 north East Delhi riots.
The accused – Ankit Sourabh Sharma, Rahul Kumar and Sachin – were identified on the basis of CCTV cameras present on the riot site.
According to the FIR lodged at Karawal Nagar police station, the complainant Mohammed Imran had alleged that the four were part of a mob that set fire to the Allah Wali mosque situated in Shahid Bhagat Singh Colony. They also tore the Quran present there and placed a Hindu idol in front of the Masjid.

Based on eyewitness ALi Ahmed’s statements, the court observed that accused Rohit was “instigating other members of the mob” to set fire to the masjid as well as nearby Muslim households.
Other accused Sourabh set the masjid on fire while Ankit tore and damaged articles inside the holy place.
“CCTV footage was used for identification of accused persons and the case basically rests on the account of fact given by eyewitnesses i.e. police officials and public persons, who identified the accused persons and pointed out to them in the CCTV footage. When all the accused persons are alleged to be members of unlawful assembly, it becomes immaterial, if a particular accused is not alleged with any specific overt act regarding setting fire in the mosque,” the court observed.
The five accused have been charged under the sections:
147(rioting)
148 (guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death)
427 (Mischief causing damage to the amount of fifty rupees)
436(Mischief by fire or explosive substance)
149(Offence committed by any member of an unlawful assembly in prosecution, every person who, at the time of the committing of that offence, is a member of the crime), 188(Disobedience to order duly promulgated by public servant) and 450(Commit offence punishable with imprisonment for life) of the IPC.
Rohit was additionally charged with Sections

109 (If the act abetted is committed in consequence of the abetment)
114 (Abettor present when offence is committed) of the IPC
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#Court #charges #rioting #setting #mosque #fire #Delhi #riots
( With inputs from www.siasat.com )
April 2, 2023
Riots on Ram Navami were government-sponsored: Sanjay Raut

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Mumbai: The communal clashes that took place in Maharashtra and elsewhere on Ram Navami were “government-sponsored”, Shiv Sena (UBT) MP Sanjay Raut claimed on Friday, adding that the state government wanted to use the tensions as a pretext to deny permission to a rally of the Maha Vikas Aghadi (MVA).
Clashes took place between different groups in the Aurangabad city of central Maharashtra as well as in the Malvani area of Mumbai on Thursday.
“These are government-sponsored riots. There is a BJP government in Maharashtra and Gujarat, and there were riots (in both states). When Uddhav Thackeray was chief minister, there were no riots and Ram Navami was celebrated (peacefully) during that time,” Raut told reporters here.
“This is why the Supreme Court said the government is impotent and riots are proof of that,” he added.
The government engineered tensions as it was fearing defeat in the coming elections and was nervous seeing the widespread support received by Uddhav Thackeray, he alleged.
Raut also claimed that the Eknath Shinde-led government wanted to deny permission to the April 2 rally of the MVA (coalition of Shiv Sena (UBT), NCP and Congress) in Sambhajinagar (Aurangabad) citing law and order problems following the riots.
The government was vitiating the atmosphere, and Devendra Fadnavis’s presence as home minister was nowhere felt, Raut further said.

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#Riots #Ram #Navami #governmentsponsored #Sanjay #Raut
( With inputs from www.siasat.com )

March 31, 2023
2020 Delhi riots: Court rejects bail plea of man who pointed gun at cop

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New Delhi: A court here on Monday rejected the bail plea of Shahrukh Pathan, who had allegedly pointed a gun at a Delhi Police head constable during the 2020 riots in the national capital.
Additional Sessions Judge Amitabh Rawat was hearing Pathan’s bail plea, which was moved in October last year but not pressed on his request for considering it after the main eyewitnesses in the case were examined.
It was taken up for hearing after Pathan moved an application last month for pressing the bail plea “in view of the threats” faced by him in prison.
“This court does not see any reason at all to grant bail to the applicant or accused. Accordingly, the bail application … stands dismissed,” the judge said.
He noted that Pathan’s bail plea was earlier dismissed both by the present court and the Delhi High Court and the court had also framed charges against him and others for various offences under the Indian Penal Code (IPC), including rioting and attempt to murder, and under the provisions of the Arms Act.
None of the accused had challenged the order on the charges passed in December 2021 and the grounds raised in the bail plea, such as the alleged discrepancies in the statements of witnesses or interviews, were dealt with in detail in the earlier orders on bail and charges, the court said.
It said from the perusal of the entire case file, it was apparent that after the framing of the charges, there was no delay in the trial on account of the prosecution’s fault.
It was primarily because of reasons, such as the co-accused persons “purposefully absenting themselves on court dates”, accused Kaleem Ahmed pleading guilty during the trial and charges being framed against one of the accused, Babu Wasim, who was arrested subsequently, the court pointed out.

“It has to be noted that the date has always been given as per the choice of the counsel for the accused who, despite the court asking for short dates, had insisted by showing his diary to contend that he does not have dates and that the date be given as per his diary,” the court added.
Rejecting Pathan’s arguments about “threats from jail officials”, the court said the entire flood of applications regarding the same did not inspire confidence and the allegations of harassment and torture were “prima facie” for obtaining bail.
Taking note of Pathan’s behaviour in the jail as seen in the CCTV footage of two separate incidents of January 30 and February 10, along with the recovery of a mobile phone from the accused inside the prison, the court said his conduct was “completely unsatisfactory”.
It noted that according to the footage of January 30, Pathan had left the video-conferencing room of the Tihar Jail and voluntarily entered a cell for two-and-a-half hours without informing the authorities and was seen “mingling and having lunch with co-inmates, including gangsters”.
On being traced, Pathan was given a punishment ticket by the jail superintendent and after coming out of the official’s room, he voluntarily met two convicts, including a death-row convict in the Red Fort bomb blast case, and after talking to them for a while, gestured towards an assistant superintendent, who then slapped him.
“The entire demeanour of the accused … during the time when he was in the cell with other inmates and having lunch with them or when he was walking towards the jail superintendent’s room or outside shows his casual and comfortable approach and does not show any harassment or sign of threat,” the court said.
It said Pathan made aggressive gestures towards the assistant superintendent and it appeared that he was trying to provoke the prison officials.
“This obviously does not justify the assistant superintendent … slapping him since being a public servant and in charge, he has to act in a more restrained way and take the aggressive and malafide conduct of the accused or undertrial in his stride,” the court added.
Taking note of Pathan’s conduct on February 10 as seen in the CCTV footage played in the court, the judge said the accused was allegedly again found outside his high-risk ward, where he mingled with “three other hardened prisoners or criminals”, and “from the shadow”, he could be seen intentionally beating up an undertrial prisoner and then bandaging him.
The undertrial prisoner made a complaint to the jail inspecting judge the next day that he and Pathan were badly beaten up, tortured and harassed by the jail superintendent, the court said.
“It was only on the production of this CCTV footage in the court that the said application was not pursued,” the court said, adding, “In all the footage shown, the accused can be seen constantly arguing with the jail staff.”
It further said after the incident, Pathan was shifted from the high-risk prisoners’ ward to the special prisoners’ ward (a high-risk ward with round-the-clock camera surveillance) and the accused’s counsel had moved an application seeking directions to transfer his client back to the earlier ward as he faced threats from gangsters and other prisoners.
“However, when it was highlighted that despite being a high-risk prisoner, the accused was voluntarily violating the rules himself by mingling with convicts and gangsters, the counsel for the accused suggested that it was the fault of the jail authorities and not so much of the accused’s fault,” the court said.
The Jafrabad police station had filed a chargesheet against Pathan and others.
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#Delhi #riots #Court #rejects #bail #plea #man #pointed #gun #cop
( With inputs from www.siasat.com )

March 27, 2023