New Delhi, October 14
A Delhi court on Wednesday gave bail to two people in a case related to the communal violence in north east Delhi in February saying they were not named in the FIR nor are there any specific allegations against them.
The court granted relief to Rashid Saifi and Mohd Shadab, whom prosecution claimed to be the relatives of former AAP Councillor Tahir Hussain, who was the main conspirator, and at whose instigation they actively participated in rioting in the area.
Additional Sessions Judge Vinod Yadav granted bail to them on furnishing a bail bond of Rs 20,000 with one surety of like amount each in the case of looting, vandalising and torching a shop in Dayalpur area during the riots.
“The applicants (Saifi and Shadab) have neither been named in the FIR nor there are any specific allegations against them. Admittedly, neither there is any CCTV footage nor any CDR location of the applicants available in the matter. There is no independent identification of applicants in the matter from any public witness,” the court said.
According to prosecution, their alleged role in the crime came during the course of investigation and they were arrested and charge sheeted in the case. The court said identification of Saifi and Shadab by beat Constable Gyan Singh was hardly of any consequence since it was unable to understand why he waited till March 3 to name the accused when he had categorically seen them indulging in riots on February 25.
“Being a police official, what stopped him from reporting the matter then and there in the police station or to bring the same in the knowledge of higher police officers. This cast a serious doubt on the credibility of this witness,” it said in its order passed on October 13.
The court directed the accused not to tamper with evidence, maintain peace and harmony in their locality and install “Aarogya Setu” app in their mobile phones.
“Considering the fact that investigation in the matter is complete and charge sheet has already been filed; trial in the matter is likely to take long time; the applicants (Saifi and Shadab) cannot be made to incarcerate in jail for infinity merely on account of the fact that other persons who were part of the riotous mob have to be identified and arrested in the matter,” it said.
During the hearing, advocate Dinesh Tiwari, appearing for Saifi and Shadab, said they were in judicial custody since April and there was no electronic evidence against them in the case.
Tiwari further said they have also not been identified by any independent witness and Constable Singh was allegedly a “planted witness”.
Special Public Prosecutor Amit Prasad, appearing for the police, opposed the bail pleas saying, Saifi and Shadab were relatives of former AAP Councillor Tahir Hussain, who was the main conspirator, and at his instigation they actively participated in rioting in the area.
Prasad further argued although there may not be any independent evidence of identification of the accused in the case, they have been identified by be at Constable Gyan Singh.
The public prosecutor said that though the charge sheet has been filed, the investigation of the case was still in progress and many persons who were part of the “riotous mob” needed to be identified and arrested.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured. — PTI