Refusing to grant anticipatory bail to an accused in the Jahangirpuri violence, the Delhi High Court observed that the conduct of the accused was allegedly an attempt to disturb communal harmony in the area by trying to create a rift between two communities.
“The conduct of the applicant/accused was allegedly an attempt to disturb the communal harmony of the area by trying to create a rift between two communities. The court has to note that these are grave allegations of acts which taking advantage of fact of eve of festival of one community deeply scars the communal fabric of the society,” the court said while dismissing the anticipatory bail plea of accused Sheikh Ishrafil.
“It is a strange paradox that the applicant claims he is area in-charge of “Aman Committee”, but has not joined investigation of offences which have defeated the very purpose and aim of such committee,” Justice Swarana Kanta Sharma noted in the order passed on Wednesday.
“No doubt, the fundamental right of personal liberty has been granted to every citizen of this country. However, the same is subject to duties which are in turn cast upon every citizen,” the court said.
Further, it said, incriminating material which was used in the riots has been recovered from the terrace of the house owned by the accused/applicant only, observing that he has not cooperated with the investigating agency.
“Ensuring peace and harmony in the country and communities is the most sacred duty of not only the law enforcing agencies and the courts but duty has been cast on every citizen of this country that they should maintain peace and harmony and ensure that their acts do not instigate and promote communal hatred or ill-will,” the judge averred.
In the present case, the police have reported that offences had been committed on April 16, near Jama Masjid, C-Block, Jahangirpuri wherein swords, bricks, bottles and firearms were used.
“The petitioner admits that he had been present with 500 people at the Eidgah C-Block, Jahangirpuri, though for some other reason, namely, the Teeja rites for his late father. The FSL has found suspicious material such as bricks, glass and ceramic pieces from his terrace and his elder son has already been arrested,” the order stated.
Considering the conduct of the applicant and the material on record against him including the statement of the eyewitness as well as the fact that his custodial interrogation will be required to unearth the real reason behind the riots, this court is not inclined to grant anticipatory bail to the applicant, the order said.
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