Bystanders cannot be ‘picked up’ as part of mob, cautions HC

New Delhi: Delhi High Court on Friday cautioned police that bystanders cannot be "picked up" as part of the mob that indulged in stone pelting during a demolition exercise near Faiz-e-Elahi mosque in Turkman Gate last month. Justice Prateek Jalan made the oral observation while dealing with a plea for anticipatory bail by a person accused of instigating the crowd.
The court asked Delhi Police to file a status report in response to the plea for pre-arrest bail by Sajid Iqbal, detailing the specific role played by him along with video evidence, as his counsel claimed he was not part of the mob. The counsel for the police said it is looking into a "deeper conspiracy" in the case. "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," the court pointed out, and listed the matter for further hearing next week. The petitioner's lawyer said that he was simply coming back from his relative's house when he was pushed into the mob. Iqbal moved the high court after the trial court dismissed the petitioner's anticipatory bail plea on Jan 21, holding that the investigation was at a preliminary stage. It observed that he appeared to be gathering the crowd in a video. The case relates to violence during an anti-encroachment drive by civic agencies near the mosque in the Ramlila Maidan area on the intervening night of Jan 6 and 7. Police said rumours were spread that the mosque opposite Turkman Gate was being demolished, prompting people to gather at the spot. It said around 150-200 people hurled stones and glass bottles at the police and MCD personnel, injuring six policemen, including the area's station house officer.