[Delhi Riots 2020] “Witnesses yet to be examined": Delhi High Court denies bail to accused

Observing that the “witnesses are yet to be examined”, the Delhi High Court has recently denied bail to an accused namely, Shoaib Alam in a case related to the northeast Delhi Riots 2020.

Noting that after assessment of the threat to the witnesses, the concerned authorities have provided “protection to the witness”, for “threat being real”, Justice Swarana Kanta Sharma dismissed Alam’s bail plea.

“Considering the fact that the eyewitnesses have given an account of the specific role played by the present applicant and the fact that threats are being extended in this case to the witnesses, this Court does not find it a fit case for grant of bail, at this stage, when the witnesses are yet to be examined before the Trial Court. This Court also notes that after threat assessment of the witness, the concerned authorities have provided protection to the witness, for threat being real”, the single-judge bench said.

Justice Sharma was hearing a bail plea by Shoaib Alam in a case registered at Khajuri Khas, Police Station under Sections, 109, 114, 147, 148,149, 427, 454, 395, 435, 436, 153A, 505, 120B, and 34 of the Indian Penal Code.

A complaint was filed alleging that 40-50 associates of Former Aam Aadmi Party member Tahir Hussain looted one godown in Khajuri Khas, Main Karawal Nagar Market. It is claimed that during the incident, the complainant's valuable property, such as spare parts and important documents, including original E-rickshaw certificates and spare parts certificates from 2016, were stolen, and that he suffered a loss of approximately Rs. 25-30 lakhs as a result of the fire.

The prosecution’s case was that during the investigation, it was discovered that the incident occurred approximately 50-60 meters from the building in Khajuri Khas, which is owned by co-accused Tahir Hussain and had been used by rioters/miscreants, including the current accused, for throwing bricks, stone pelting, pelting of petrol bombs, acid bombs, etc. Some debris residue/remains, as well as stones, bricks, broken bottles, and burnt articles, are said to have been discovered on the main Karawal Nagar road.

It was alleged that two eyewitnesses had identified Alam, and one of them had also identified co-accused Tahir Hussain, who was the Municipal Councillor of the area at that time.

Court noted that the statements of witnesses regarding the identification of the rioters had been recorded and a chargesheet was filed after the completion of the investigation.

Taking note of the submissions, the court opined that the prosecution had placed on record the statements of two eye witnesses namely, Pradeep Kumar Verma and Shamshad Pradhan recorded on April 20, 2020, and April 3, 2020, respectively, who stated that Alam was involved in the present incident and had “instigated the mob on communal lines”.

“The beat officers of the area i.e. Head Constable Rahul and Constable Parveen have categorically named and assigned a specific role to the applicant (Alam) and acts committed by him in the offence in question”, the single-judge bench noted.

Justice Sharma stated that as per settled law regarding the grant of bail, the court is expected to take into account the allegations leveled against the accused as well as the seriousness of the offence committed. Accordingly, the court dismissed the bail application. Court also clarified that the observation made were only for bail application and shall have no bearing on the merits of the case during the trial.

Case Title: Shoaib Alam v. State of NCT of Delhi

Statue: The Indian Penal Code; The Code of Criminal Procedure