Delhi High Court Issues Caution to Police Over Bystander Arrests in Demolition Violence Case
In a significant development, the Delhi High Court on Friday issued a stern caution to the police, emphasizing that bystanders cannot be arbitrarily "picked up" as part of a mob involved in stone-pelting incidents. This observation came during a hearing related to violence that erupted during a demolition exercise near the Faiz-e-Elahi mosque at Turkman Gate last month.
Court's Oral Observations During Anticipatory Bail Hearing
Justice Prateek Jalan made these oral remarks while presiding over an anticipatory bail plea filed by Sajid Iqbal, who is accused of instigating the crowd during the violent episode. The court directed the Delhi Police to submit a detailed status report, outlining Iqbal's specific role in the incident, supported by video evidence. This directive follows claims from Iqbal's counsel that he was merely a bystander and not an active participant in the mob.
"If the video material shows he is instigating, you are right. If he is simply passing by, you are not right. If you are picking up everyone in that area, that will not be permitted," Justice Jalan pointed out during the proceedings. The court has scheduled the matter for further hearing next week, underscoring the need for a thorough and fair investigation.
Background of the Case and Police Allegations
The case stems from violence that occurred during an anti-encroachment drive by civic agencies near the Faiz-e-Elahi mosque in the Ramlila Maidan area on the intervening night of January 6 and 7. According to police reports, rumors spread that the mosque opposite Turkman Gate was being demolished, leading to a gathering of approximately 150-200 people. The situation escalated when individuals began hurling stones and glass bottles at police and Municipal Corporation of Delhi (MCD) personnel, resulting in injuries to six policemen, including the station house officer of the area.
Iqbal approached the High Court after a trial court dismissed his anticipatory bail plea on January 21, citing that the investigation was still in its preliminary stages. The trial court had noted that video evidence appeared to show Iqbal gathering the crowd, a claim his lawyer disputes, arguing that he was simply returning from a relative's house when he was inadvertently pushed into the mob.
Police's Stance and Broader Implications
During the hearing, the counsel for the Delhi Police indicated that authorities are investigating a "deeper conspiracy" in the case, suggesting that the violence may have been premeditated. However, the High Court's caution highlights concerns over potential overreach in law enforcement actions, particularly in sensitive situations involving communal or public unrest.
This case raises important questions about police protocols during mob violence incidents and the protection of innocent bystanders from wrongful arrest. The court's insistence on video evidence and specific role identification underscores the necessity for due process and accountability in such investigations.
As the matter progresses, all eyes will be on the Delhi Police's status report and the subsequent court hearings, which could set a precedent for handling similar cases in the future. The outcome may influence how law enforcement agencies balance maintaining public order with safeguarding individual rights in volatile scenarios.
