The Delhi High Court on 7 October granted bail to one Irshad Ahmed, an alleged associate of Tahir Hussain, and observed that witnesses in the case seem to be planted one, Live Law reported.
The Bench of Justice Suresh Kait was hearing a petition filed by the petitioner, Irshad Ahmed in a case for the offenses punishable under Sections 147/148/149/436/427/34 IPC and Sections 3/4 PDPP Act, registered at Police Station Dayalpur, Delhi.
The Assistant Public Prosecutor opposed the petition by stating that on 25.02.2020, around 100 people were standing on the terrace of the house of the main-accused and suspended AAP local leader Tahir Hussain and they were throwing petrol bombs on the house of the Hindu community. Prosecutor argued that the name of Irshad Ahmed was disclosed by co-accused Tahir Hussain.
“As per the statement of eye-witness, namely, Rohit, has confirmed petitioner’s role and identification. Further, mobile phone location of the petitioner has ascertained his presence at the spot. Thus, the present petition BAIL APPLN. 2696/2020 Page 2 of 2 deserves to be dismissed,” Prosecutor said.
However, the High Court observed that ‘t is not in dispute that there is no electronic evidence such as CCTV footage or photos to implicate the petitioner in the present case.
“As per the statement of Constable Pawan and Constable Ankit (both are eyewitnesses and were present at the spot), they had identified the petitioner and other co-accused. However, they have not made any complaint on the date of the incident, i.e. 25.02.2020, whereas the FIR was lodged on 28.02.2020. Thus, the said witnesses seem to be planted one,” Court said.
Without commenting on the merits of the case, the Court grant bail to the petitioner.
The anti-Muslim violence in northeast Delhi in February is widely acknowledged to have been sparked by incendiary comments made by Kapil Mishra, about Muslims peacefully protesting against ‘anti-Muslim and unconstitutional’ citizenship law. Video evidence and witness accounts pointed to police allowing Hindu mobs to roam the streets freely to target the Muslim community.
Opposition parties, Muslim organisations and rights activists said the Delhi Police probe into northeast Delhi violence reveals another heinous attempt and ruthlessness of Delhi Police where they arrayed innocent Muslims as accused in the cases registered on behalf of violence against Muslims.