In riot case, Delhi HC says police taking system for a ride

By Publishing Team

Aug.Mon,20/01:08:32 PM

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Pritam Pal Singh

Justice Suresh Kumar Kait said the Delhi Police is “misusing the judicial system” and taking the “system for ride”, despite the fact that their petition seeking cancellation of Farooq’s bail is pending adjudication before it in another petition.

The trial court had earlier granted bail to Farooq, the owner of Rajdhani Public School

 

The Delhi High Court Wednesday expressed displeasure at the Delhi Police for filing a separate petition seeking cancellation of bail given to Faisal Farooq, owner of Rajdhani Public School, in connection with a Northeast Delhi riots case.

Justice Suresh Kumar Kait said the Delhi Police is “misusing the judicial system” and taking the “system for ride”, despite the fact that their petition seeking cancellation of Farooq’s bail is pending adjudication before it in another petition.

Granting bail to Farooq, the trial court had in its June 20 order observed that the police chargesheet “is bereft of material showing his links with PFI, Pinjra Tod group and Muslim clerics”. It had also said, “It is prima facie not established that the applicant was at the spot at the time of incident.”

Delhi Police moved the High Court on June 22, challenging the trial court’s order on the ground that “while granting bail to Farooq, the Additional Sessions Judge incorrectly recorded that in none of the CCTV footage, presence of respondent was there”. The Delhi Police appeal is pending consideration.

Defending the separate petition against Farooq, Delhi Police counsel Amit Prasad submitted that there is violation of the bail order and on July 4, Dharmesh Sharma, son of complainant Yatendra Sharma in the present case, received a life-threatening call from an unknown number, asking him to take back the case against Farooq.

Dismissing the separate petition today and terming it as “not maintainable”, the court specifically sought to know from the Delhi Police’s counsel if they have been able to find out the owner of the mobile number from which the complainant’s son received the call.

Prasad submitted that investigation with regard to the call is on and an FIR has been registered.

To which, Justice Kait said, “Since it is not established till date that the said phone call was made by the accused (Farooq) or on his behalf, no action can be taken at this stage. Also, the present petition concerns the order of June 20, passed by the trial court, which is pending before this court.”

The court, however, made it clear that if it is established who made the call to the complainant or his family members during the probe, the report shall be considered at the time of deciding this petition. The appeal will be heard on July 24.

Delhi government’s Standing Counsel (Criminal) Rahul Mehra objected to the second petition, saying: “Can two petitions on the same cause of action be filed…?”

“In fact the registry (of the High Court) must be hauled up; how they have allowed on the same cause of action two petitions. One is already pending. There is a disclaimer and disclosure, which has to be made before the registry. That I have not filed any other petition, before any other court. How has the registry permitted this petition to be placed before this court? Just because the Centre’s lawyer wants to do it, can the registry throw all the rules to the wind…,” he said.

Farooq is currently in jail, as he was arrested in another case related to the riots.

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This story first appeared in https://indianexpress.com  on July 23, 2020… more…