The Delhi High Court on Thursday asked Shahrukh Pathan, who is accused of allegedly aiming a pistol at a police head constable during the 2020 northeast Delhi riots, and in other related cases, to file an application before the trial court for an early hearing of his plea alleging that he was assaulted by jail officials.
A single-judge bench of Justice Amit Sharma, who was dealing with a similar petition moved by Pathan, said that since a plea has already been moved before the trial court, it is only just if an application is filed before the concerned court.
Representing Pathan, counsel Khalid Akhtar contended that the trial court, which listed the matter for the next hearing on February 28, has not passed any order or direction that relevant CCTV footage be preserved or produced.
Akhtar said: “There was no order to the effect that some adequate safety measures be provided to him.”
To this, Justice Sharma orally said that the prerequisite is that Pathan moves an application before the concerned court, and if it does not work out, the court will grant him the liberty.
“You move an application for an early hearing before the trial court. If nothing happens, we will see. We will give you the liberty,” he said.
Pathan withdrew his plea post getting liberty from the HC to move to the trial court for an early hearing of his pending plea.
Though Pathan is an accused in various cases registered during the riots, the petition was moved in the case of aiming a pistol at Head Constable Deepak Dahiya on February 24, 2020. Social media was abuzz with his pictures.
The First Information Report (FIR) in this case was registered under various Sections of the Indian Penal Code and Section 27 of the Arms Act. In December 2021, the trial court framed charges against Pathan and other accused in the FIR.
On January 30, a court discharged a man accused of selling a pistol to Pathan.
“The case against accused Babu Wasim is essentially based on surmises and conjectures rather than actual material or evidence and there is no ground to presume that the accused committed an offence under Section 25 Arms Act. He is accordingly discharged for the said offence,” Additional Sessions Judge Amitabh Rawat had said.
Pathan had disclosed that he had purchased a pistol and 20 rounds from Babu Wasim by paying Rs 35,000 in December 2019, the prosecution had said.