[Jahangirpuri Riots] Delhi High Court denies anticipatory bail to accused

The Delhi High Court on Wednesday denied pre-arrest bail to one Sheikh Ishrafil in connection with the Jahangirpuri Riots 2022.

The bench of Justice Swarna Kanta Sharma observed that ensuring peace and harmony in the country and communities is the most sacred duty of not only the law enforcement agencies. "It is the duty of every citizen of this country to maintain peace, and harmony and to ensure that their 'actions do not incite' and 'promote communal hatred or ill-will'," Court said.

Ishrafil has been booked under Sections 147, 148, 149, 186, 353, 332, 307, 323, 427, 436, 109, 120B, 34 of the Indian Penal Code (IPC).

The court stated that Ishrafil’s act was allegedly an attempt to disturb the "communal harmony" of the area by trying to create a "rift between two communities".

Court noted that Ishrafil was identified as one of the "perpetrators" of the riots by one of the eyewitnesses, and "incriminating material" was recovered from his home.

Observing that his custodial interrogation is warranted in the case, the court stated that such applicants cannot obstruct investigations. It is clear that he has not cooperated with the investigation and is attempting to avoid arrest, it added.

The court stated that no doubt, every citizen of this country has been granted the fundamental right to personal liberty, however, it is subject to duties, which are imposed on every citizen.

"In the present case, the applicant eluded arrest, and proceedings under Section 82 CrPC (proclamation for person absconding) were completed against him and the proceedings under Section 83 CrPC (attachment of property of person absconding) are pending", the court noted.

The bench further stated that though on one hand it had been argued that he was in charge of ensuring peace in the area, on the other hand, his conduct of not cooperating with the police pointed to the contrary.

“It is a strange paradox that the applicant claims he is an area in charge of 'Aman Committee', but has not joined the investigation of offences which have defeated the very purpose and aim of the such committee”, the court added.

Conclusively, Court opined that an individual who refuses to cooperate with investigation agencies to determine whether he participated in such “nefarious activities” is not entitled to anticipatory bail or to claim infringement of his fundamental right guaranteed under Article 21 of the Indian Constitution.

Earlier, in June, a single-judge bench of Justice Asha Menon, dismissed Ishrafil’s plea seeking directions to Delhi Police not to harass him and his family in the name of interrogation.

The court while rejecting the plea, observed that the petition appeared to be of a phishing kind, seeking anticipatory bail, in the garb of directions to the police not to harass him and his family.

Case Title: Sheikh Ishrafil v. State of NCT of Delhi