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Synopsis

In a significant development related to the 2020 Delhi riots, Additional Sessions Judge Amitabh Rawat at Karkardooma Court denied bail to Shahrukh Pathan who was captured pointing a gun at a police officer during the riots.

The court's decision to deny bail was grounded in multiple factors, including Pathan's conduct both within the courtroom and in jail, coupled with the gravity of the charges levied against him.

Pathan faces accusations of various offenses, including rioting, unlawful assembly, and promoting enmity between different groups. In December 2021, charges were formally framed against him under Sections 147, 148, 149, 186, 188, 153A, 283, 353, 332, 323, and 307 of the Indian Penal Code.

While Pathan had been granted bail on October 7 in a case related to causing injuries to several police personnel and inflicting a gunshot wound on one Rohit Shukla during clashes between anti- and pro-Citizenship Amendment Act (CAA) protestors, he remained in custody as he had not sought bail in the case pertaining to pointing a gun at a policeman.

The court took note of Pathan's behavior during court proceedings, citing an incident where he passed a note containing a phone number to a co-accused.

Additionally, the court observed incidents in jail where Pathan went missing, was found in possession of a mobile phone, and engaged in altercations and disputes with fellow inmates as well as prison officials.

Considering the seriousness of the allegations, Pathan's conduct, and the existence of a recorded video depicting him pointing a gun at a police officer, the court concluded that bail was not warranted in this case, thereby maintaining Pathan's continued detention.

Case Title: State vs Shahrukh Pathan & Ors.