Delhi Court Reserves Bail Order for 12 Accused in Turkman Gate Stone-Pelting Incident
A Delhi court has reserved its order on bail applications for twelve individuals accused of involvement in a stone-pelting incident that occurred during a demolition exercise near the Faiz-e-Elahi mosque in Turkman Gate last month. The decision, which will be announced on February 16, follows final arguments presented in court on Thursday.
Final Arguments Heard by Additional Sessions Judge
Additional Sessions Judge Bhupinder Singh presided over the hearing, where both the defense and prosecution laid out their cases. The accused face charges related to the violent unrest that erupted as municipal authorities carried out a demolition in the area, leading to clashes and stone-pelting.
Defense Arguments: Accused as Local Residents, Not Instigators
The counsel representing three of the accused—Adnan, Mohammad Aadil, and Amir Hamza—argued that their clients are local residents who were merely present at the scene and not outsiders who joined the unrest intentionally. They emphasized that these individuals were caught up in the situation rather than actively participating in the violence.
In a key point, the defense highlighted that "instigating messages" found on the phone of one accused were not part of the initial First Information Report (FIR). They contended that this individual only forwarded these messages and did not create them, suggesting a lack of malicious intent or leadership in the incident.
Prosecution Counterarguments: Following Legal Orders and Joining Unrest
Prosecutor Atul Shrivastava countered the defense's claims by stating that the police were acting in accordance with orders from the Municipal Corporation of Delhi (MCD) and the Delhi High Court for the demolition. He argued that residents were aware of these orders and had been given notice to vacate the area.
Shrivastava asserted, "Refusing to leave after the order would mean you joined the unrest," implying that the accused's presence and actions constituted participation in the violence, regardless of their residential status. This stance underscores the prosecution's view that the individuals were complicit in the stone-pelting by not complying with legal directives.
Background of the Incident and Legal Proceedings
The stone-pelting incident took place during a demolition drive near the Faiz-e-Elahi mosque, a site of historical and religious significance in Turkman Gate. The exercise, aimed at clearing unauthorized structures, sparked protests and clashes, leading to the arrest of multiple individuals on charges of violence and obstruction.
The bail pleas have drawn attention due to the broader context of urban development, legal compliance, and community tensions in Delhi. The court's upcoming order on February 16 will be closely watched, as it could set precedents for similar cases involving protests against demolition activities.
Implications and Next Steps
This case highlights the delicate balance between enforcing municipal laws and addressing residents' rights and grievances. The arguments presented reflect ongoing debates over accountability in public unrest situations, where distinguishing between passive presence and active participation can be challenging.
As the court reserves its order, all parties await the decision that will determine the immediate fate of the twelve accused. The outcome may influence future legal approaches to incidents involving stone-pelting and protests during demolition exercises in Delhi and beyond.
