Delhi High Court Overturns Bail in Turkman Gate Stone-Pelting Case
The Delhi High Court has reportedly set aside the bail granted to an accused individual who was allegedly part of a mob that engaged in stone-pelting during a demolition exercise near the Faiz-e-Elahi mosque in Turkman Gate earlier this month. According to news agency PTI, Justice Prateek Jalan remanded the case back to the trial court for fresh reconsideration, highlighting significant procedural concerns.
Court Criticizes 'Cryptic and Unreasoned' Bail Order
Justice Jalan emphasized that while the court is typically extremely cautious about interfering with an individual's liberty, this case presented an exceptional circumstance. The bail was granted to Ubedullah, a street vendor, through what the judge described as a "cryptic and unreasoned" order. The trial court had initially granted bail to Ubedullah on January 20, but the High Court found the order lacking in substantive analysis.
In its order passed on January 21, the High Court stated that the bail order did not adequately address the prosecution's arguments. Moreover, it noted the absence of even a prima facie or brief analysis of the factors that govern bail adjudication. Consequently, the court set aside the impugned order due to "want of adequate reasons" and remanded it to the sessions court. The trial court is now scheduled to reconsider the bail plea on January 23.
Background of the Turkman Gate Violence Case
The case stems from violent incidents that occurred during an anti-encroachment drive near the Faiz-e-Elahi mosque in the Ramlila Maidan area on the intervening night of January 6 and 7. Tensions escalated in the Turkman Gate area of Delhi, resulting in at least five police personnel sustaining injuries due to stone-pelting during the demolition operation near the century-old mosque.
Police investigations revealed that rumors spread on social media claiming the mosque opposite Turkman Gate was being demolished, which prompted a large crowd to gather at the site. Authorities reported that approximately 150-200 individuals hurled stones and glass bottles at police and Municipal Corporation of Delhi (MCD) personnel, injuring six policemen, including the area's station house officer.
Legal and Procedural Complexities
Notably, the demolition was allegedly carried out despite the Delhi High Court having issued a notice on a petition filed by the managing committee of Faiz-e-Elahi Masjid. This petition challenged the MCD's decision to remove alleged encroachments from land adjoining the mosque and the graveyard at Ramlila Maidan. The managing committee sought the quashing of the MCD order, arguing that the property in question is under their use and that they pay lease rent to the waqf board.
Earlier Court Proceedings and Arguments
During the earlier bail hearing before the trial court, the prosecution heavily relied on CCTV footage and the disclosure of a co-accused to oppose the grant of bail. It was alleged that Ubedullah was part of a violent crowd that obstructed police, indulged in stone-pelting, and caused damage to public property.
In contrast, the counsel for the accused argued that the entire case against Ubedullah was "a 'fishing expedition'", suggesting a lack of concrete evidence. This legal tussle underscores the complexities involved in balancing individual rights with public safety concerns in cases of alleged mob violence.
The Delhi High Court's intervention highlights the judiciary's role in ensuring that bail orders are reasoned and transparent, particularly in sensitive cases involving public order and safety. As the case returns to the trial court, all eyes will be on the upcoming proceedings to see how the legal arguments unfold and whether justice is served in accordance with the law.
