The Delhi High Court set aside bail granted to an accused in the Turkman Gate stone-pelting incident during a demolition near Faiz-e-Elahi mosque. Justice Prateek Jalan termed it exceptional and remitted the matter to the trial court for reconsideration afresh.
NEW DELHI: The Delhi High Court has set aside the bail granted to an individual accused of participating in stone-pelting during a demolition operation near the Faiz-e-Elahi mosque in Turkman Gate earlier this month.
Justice Prateek Jalan has sent the case back to the trial court for reconsideration. He noted that while courts typically exercise caution when intervening in an individual’s liberty, this situation presented an “exceptional” case.
The bail was given to Ubedullah, a street vendor, through a “cryptic and unreasoned” order.
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The trial court had approved the bail on January 20. Justice Jalan remarked that the bail order failed to adequately address the prosecution’s arguments, lacking even a preliminary or brief examination of the factors important for bail decisions.
The case involves violence that erupted during an anti-encroachment drive near the mosque in the Ramlila Maidan area during the night of January 6-7.
Tensions rose in the Turkman Gate area of Delhi when at least five police officers were injured due to stone-throwing during the demolition near a mosque that has stood for over a century. Police reported that rumors circulated on social media suggesting that the mosque opposite Turkman Gate was being demolished, prompting a gathering of people at the site.
Approximately 150-200 individuals reportedly threw stones and glass bottles at police and Municipal Corporation of Delhi (MCD) personnel, injuring six officers, including the local station house officer.
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The demolition was allegedly conducted despite a notice from the Delhi High Court in response to a petition from the Faiz-e-Elahi Masjid management committee.
This petition challenged the MCD’s decision to remove alleged encroachments from land adjacent to the mosque and the graveyard at Ramlila Maidan. The managing committee argued for the quashing of the MCD order, stating that they were actively using the contested property and are paying lease rent to the waqf board.
To contest bail at the trial court, the prosecution primarily relied on CCTV footage and the statements of a co-accused. They emphasized that around 150-200 individuals engaged in throwing stones and glass bottles at police and MCD personnel, resulting in injuries to six police officers, including the area’s station house officer. The demolition proceeded despite the Delhi High Court having issued a notice regarding the petition from the managing committee of the Faiz-e-Elahi Masjid.
The contested order has been set aside due to insufficient reasoning and has been remanded to the sessions court.