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The single Judge bench of Justice Subramonium Prasad of the Delhi High Court continued hearing a batch of pleas of 11 accused seeking bail in the Delhi Riots case.

Advocate Shahid Ali appearing for accused Mohd Ibrahim submitted before the Court that allegations against Shahid was that he had been seen carrying a sword but none of the injuries received by the Police Officer suggested an injury by sword. Rather the Police Officers had received gunshot injuries.

He further argued that just because he had sword in his hand that did not mean he was part of violence. He could be protecting his locality. Moreover there were several cameras in his locality but none showed him stepping out of his locality. Hence there was no ground for impleading him under section 149 of IPC (being part of an unlawful assembly having common object).

Justice Prasad however not convinced with Ali’s argument said that of all the accused Ibrahim was the only one carrying a lethal weapon. Moreover, merely because he was not seen with a gun did not mean that he did not carry a gun. The Court further said the video being only a two minute video cannot capture thousands of people.

The Court further pointed out that merely because Ibrahim was not captured in the video, that did not mean he was not present at the crime scene. Moreover, cameras were diverted and dislodged and not being captured could not be a ground for bail.

Advocate Abdul Gaffar appeared for accused Tabassum who argued that there was not a single evidence suggestin that she had incited people for violence. Gaffar insisted that there was no conspiracy and whatever happened later was in provocation of Police Officials.

The court has adjourned the matter for next hearing on Monday on Spl PP Amit Prasad’s submission that he would address the Court on delay in lodging the FIR and also on the allegation that witnesses had been planted by the prosecution.

 

 Case Title: Batch of Petitions

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