Shahrukh Pathan, who allegedly pointed a pistol at a Delhi Police head constable during the communal riots in northeast Delhi last year, moved a court here on Monday, seeking his discharge from all offenses in the case.
A picture of Pathan pointing a pistol at an unarmed cop Deepak Dahiya during the riots went viral on social media. Shahrukh Pathan was arrested on 3 March 2020 and is currently lodged in Tihar Jail. Pathan is facing charges of offenses such as rioting with deadly weapon, attempt to murder, assault and obstructing a public servant in the performance of duty under the Indian Penal Code (IPC) and the Arms Act.
Pathan’s counsel has said that Additional Sessions Judge Amitabh Rawat will hear the application on September 21. In the application, filed through his lawyer, Pathan has referred to the 26-second video of the incident and said that the offense of ‘attempt to murder’ was not made out against him as he had fired in the air and Dahiya was not his target.
The application states that Shahrukh Pathan should be acquitted of the offense under section 307 (attempt to murder) and instead the prosecution claims to have framed charges under section 336 for an act endangering the life of others. Can do.
It has been said in the application that since Pathan was not seen pelting stones with others, nor was he shown to be planning any collective action in the evidence produced by the police, therefore, no offense of rioting is made out. It further said that the police case rests on a statement made by Dahiya, where he alleged that Pathan was leading those who were raising anti-government and anti-CAA slogans, opening fire on the police and the general public. and were throwing stones.
The petition states that there is no evidence that Pathan instigated the other accused and it should also be noted that in none of the footage produced by the prosecution, the accused was seen pelting stones with other accused. Is. The petition, filed by advocates Khalid Akhtar and Mohammad Shadan, on behalf of Pathan, contended that the presence of two large groups involved in both hostile and violent activities in front of one side does not make Pathan a mob leader.
It is therefore requested that the court be pleased to issue an order to the accused Shahrukh Pathan to absolve him of all offenses against him as per investigation in FIR No. 51/2020. The Code of Criminal Procedure (CrPC) empowers the court to discharge the accused of any specific offense if there is no “sufficient ground” for proceeding against him.
Pathan is an accused in two cases, one related to pointing a gun at Head Constable Dahiya and the other related to an attempt to murder Rohit Shukla during violence in North-East Delhi.
Significantly, in February 2020, there were communal clashes between supporters of the Citizenship (Amendment) Act and its protesters in North-East Delhi. At least 53 people were killed and more than 700 were injured in the violence.