The Delhi High Court has issued a stern reminder to the Delhi Police, emphasizing that individuals merely present as “bystanders” during last month’s violent clashes at Turkman Gate cannot be arbitrarily apprehended. The court’s observation came in the context of stone-pelting incidents that occurred amidst a demolition drive near the Faiz-e-Elahi mosque.
Justice Prateek Jalan, presiding over an anticipatory bail application, orally highlighted the crucial distinction between active participation and mere presence, cautioning against broad arrests. The specific case involved Sajid Iqbal, who seeks pre-arrest bail after being accused of inciting the crowd.
In response to Iqbal’s plea, the High Court instructed the Delhi Police to submit a comprehensive status report. This report must explicitly detail Iqbal’s specific involvement, substantiated by video evidence with precise time stamps. Justice Jalan underscored that even if an individual was present within a mob, their direct role in the unrest must be meticulously established.
The judge clarified, stating, “If the video material shows he is instigating, you are right. If he is simply passing by, you are not right.” He further warned, “If you are picking up everyone in that area, that will not be permitted,” making it clear that indiscriminate arrests would not be condoned. The matter has been scheduled for further proceedings next week.
Meanwhile, legal counsel for the Delhi Police maintained that the investigating agency is probing a “deeper conspiracy” behind the clashes. They allege that the accused, Sajid Iqbal, actively removed barricades and incited the gathering.
Conversely, Iqbal’s legal representative countered the accusations, asserting his client’s innocence. The lawyer claimed Iqbal was merely returning from a relative’s house when he was inadvertently pushed into the tumultuous crowd and was not involved in the stone-pelting.
The petitioner’s request for anticipatory bail had previously been denied by the trial court on January 21, which cited the preliminary stage of the investigation. The lower court’s order noted that video footage suggested Iqbal was seen “gathering the crowd” and questioned his presence and alleged removal of barricades at the scene.
The larger incident refers to the eruption of violence during an anti-encroachment drive conducted on the night of January 6-7 near the mosque in the Ramlila Maidan vicinity. According to police reports, misinformation spread via social media, falsely claiming the mosque opposite Turkman Gate was being demolished. This rumour allegedly drew a crowd of approximately 150-200 individuals who then reportedly attacked police and municipal staff with stones and glass bottles, resulting in injuries to six police officers, including the local Station House Officer.
